## How the limitation period applies

The controlling primary authority for US-KY wrongful death SOL (KRS 413.140) is **KRS 413.140**.

> **KRS 413.140.** The following actions shall be commenced within one (1) year after the cause of action accrued:

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## Sources

- [KRS 413.140 — KRS 413.140](https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49037)

All sources are official primary law published by `apps.legislature.ky.gov`.

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Statute of Limitations for Wrongful Death in Kentucky.

Statute of Limitations for Wrongful Death in Kentucky

Primary-source verified live against apps.legislature.ky.gov on 2026-04-29 (Mozilla UA, PDF adapter via curl + pdftotext). Caught major source_url fabrication: prior file pointed to id=1950 which is KRS § 150.083 (Repealed 1960) — entirely unrelated repealed education statute. Real § 413.140 is id=49037. 20+ additional fabrications caught; see commit history.

413.120 Actions to be brought within five years. The following actions shall be commenced within five (5) years after the cause of action accrued: (1) An action upon a contract not in writing, express or implied. (2) An action upon a liability created by statute, when no other time is fixed by the statute creating the liability. (3) An action for a penalty or forfeiture when no time is fixed by the statute prescribing it. (4) An action for trespass on real or personal property. (5) An action for the profits of or damages for withholding real or personal property. (6) An action for an injury to the rights of the plaintiff, not arising on contract and not otherwise enumerated.

An action upon a written contract executed after July 15, 2014, unless otherwise provided by statute, and an action for relief not provided for by statute can only be commenced within ten (10) years after the cause of action accrued.

413.120 Actions to be brought within five years. The following actions shall be commenced within five (5) years after the cause of action accrued: (1) An action upon a contract not in writing, express or implied. (2) An action upon a liability created by statute, when no other time is fixed by the statute creating the liability. (3) An action for a penalty or forfeiture when no time is fixed by the statute prescribing it. (4) An action for trespass on real or personal property. (5) An action for the profits of or damages for withholding real or personal property. (6) An action for an injury to the rights of the plaintiff, not arising on contract and not otherwise enumerated. (7) An action upon a bill of exchange, check, draft or order, or any endorsement thereof, or upon a promissory note, placed upon the footing of a bill of exchange. (8) An action to enforce the liability of a steamboat or other vessel. (9) An action upon a merchant's account for goods sold and delivered, or any article charged in such store account. (10) An action upon an account concerning the trade of merchandise, between merchant and merchant or their agents. (11) An action for relief or damages on the ground of fraud or mistake.

Notwithstanding any other prescribed limitation of actions which might otherwise appear applicable, except those provided in KRS 413.140, a civil action, whether brought in tort or contract, arising out of any act or omission in rendering, or failing to render, professional services for others shall be brought within one (1) year from the date of the occurrence or from the date when the cause of action was, or reasonably should have been, discovered by the party injured. Time shall not commence against a party under legal disability until removal of the disability.

413.140 Actions to be brought within one year. (Effective until July 15, 2026) (1) The following actions shall be commenced within one (1) year after the cause of action accrued: (a) An action for an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice, or servant; (b) An action for injuries to persons, cattle, or other livestock by railroads or other corporations, with the exception of hospitals licensed pursuant to KRS Chapter 216; (c) An action for malicious prosecution, conspiracy, arrest, seduction, criminal conversation, or breach of promise of marriage; (d) An action for libel or slander; (e) An action against a physician, surgeon, dentist, or hospital licensed pursuant to KRS Chapter 216, for negligence or malpractice; (f) A civil action, arising out of any act or omission in rendering, or failing to render, professional services for others, whether brought in tort or contract, against a real estate appraiser holding a certificate or license issued under KRS Chapter 324A or a real estate broker or sales associate holding a license issued under KRS Chapter 324;

(e) An action against a physician, surgeon, dentist, or hospital licensed pursuant to KRS Chapter 216, for negligence or malpractice; (2) In respect to the action referred to in paragraph (e) of subsection (1) of this section, the cause of action shall be deemed to accrue at the time the injury is first discovered or in the exercise of reasonable care should have been discovered; provided that such action shall be commenced within five (5) years from the date on which the alleged negligent act or omission is said to have occurred.

413.140 Actions to be brought within one year. (Effective until July 15, 2026) (1) The following actions shall be commenced within one (1) year after the cause of action accrued: (a) An action for an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice, or servant; (b) An action for injuries to persons, cattle, or other livestock by railroads or other corporations, with the exception of hospitals licensed pursuant to KRS Chapter 216; (c) An action for malicious prosecution, conspiracy, arrest, seduction, criminal conversation, or breach of promise of marriage; (d) An action for libel or slander; (e) An action against a physician, surgeon, dentist, or hospital licensed pursuant to KRS Chapter 216, for negligence or malpractice;

413.140 Actions to be brought within one year. (Effective until July 15, 2026) (1) The following actions shall be commenced within one (1) year after the cause of action accrued: (a) An action for an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice, or servant; (b) An action for injuries to persons, cattle, or other livestock by railroads or other corporations, with the exception of hospitals licensed pursuant to KRS Chapter 216; (c) An action for malicious prosecution, conspiracy, arrest, seduction, criminal conversation, or breach of promise of marriage; (d) An action for libel or slander; (e) An action against a physician, surgeon, dentist, or hospital licensed pursuant to KRS Chapter 216, for negligence or malpractice; (f) A civil action, arising out of any act or omission in rendering, or failing to render, professional services for others, whether brought in tort or contract.

(1) An action for breach of any contract for sale must be commenced within four (4) years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one (1) year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

If a person entitled to bring any action mentioned in KRS 413.090 to 413.160 dies before the expiration of the time limited for its commencement and the cause of action survives, the action may be brought by his personal representative after the expiration of that time, if commenced within one (1) year after the qualification of the representative.

A civil action for recovery of damages for injury or illness suffered as a result of childhood sexual assault or abuse shall be brought within ten (10) years after the victim attains the age of eighteen (18) years.

413.249 Action relating to childhood sexual abuse or childhood sexual assault.
(1) As used in this section:
(a) "Childhood sexual assault or abuse" means an act or series of acts against a person less than eighteen (18) years old and which meets the criteria defining a misdemeanor or felony in:
1. KRS Chapter 510;
2. KRS 529.040 when the defendant advances or profits from the prostitution of a minor;
3. KRS 529.100 when the offense involves commercial sexual activity;
4. KRS 529.110 when the offense involves commercial sexual activity;
5. KRS 530.020 or 530.064(1)(a);
6. KRS Chapter 531 involving a minor or depiction of a minor; or
7. KRS 506.010 or 506.030 for attempt to commit or solicitation to commit any of the offenses described in subparagraphs 1. to 6. of this paragraph.
No prior criminal prosecution or conviction of the civil defendant for the act or series of acts shall be required to bring a civil action for redress of childhood sexual assault or abuse;
(b) "Entity" means a firm, partnership, company, corporation, trustee, association, or any private or public entity, including the Commonwealth, a city, county, urban-county, consolidated local government, unified local government, or charter county government, or any of their agencies, departments, or any KRS 58.180 nonprofit nonstock corporation; and
(c) "Injury or illness" means either a physical or psychological injury or illness.
(2) A civil action for recovery of damages for injury or illness suffered as a result of childhood sexual assault or abuse shall be brought within ten (10) years after the victim attains the age of eighteen (18) years.
(3) The time period set forth in subsection (2) of this section shall apply to a civil action for recovery of damages for injury or illness against:
(a) A person alleged to have committed the act of childhood sexual assault or abuse; or
(b) An entity that owed a duty of care to the plaintiff, where a wrongful or negligent act by an employee, officer, director, official, volunteer, representative, or agent of the entity was a legal cause of the childhood sexual assault or abuse that resulted in the injury to the plaintiff.
(4) The complaint shall be accompanied by a motion to seal the record and the complaint shall immediately be sealed by the clerk of the court. The complaint shall remain sealed until:
(a) The court rules upon the motion to seal;
(b) Any motion to dismiss under CR 12.02 is ruled upon, and if the complaint is dismissed, the complaint and any related papers or pleadings shall remain sealed unless opened by a higher court; or
(c) The defendant files an answer and a motion to seal the record upon grounds that a valid factual defense exists, to be raised in a motion for summary judgment pursuant to CR 56. The record shall remain sealed by the clerk until the court rules upon the defendant's motion to close the record. If the court grants the motion to close, the record shall remain sealed until the defendant's motion for summary judgment is granted. The complaint, motions, and other related papers or pleadings shall remain sealed unless opened by a higher court.
(5) A victim of childhood sexual assault or abuse shall not have a cause of action against a third party, unless the third party failed to act as a reasonable person or entity in complying with their duties to the victim.
(6) (a) Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and clergy-penitent privilege, shall be a ground for excluding evidence regarding childhood sexual assault or abuse or the cause thereof when an exception to the Kentucky Rules of Evidence is met, in any judicial proceeding. This subsection shall also apply in any criminal proceeding in District or Circuit Court regarding childhood sexual assault or abuse.
(b) As used in paragraph (a) of this subsection, the clergy-penitent privilege is limited to information received solely through confidential communications with a clergy member, privately or in a confessional setting, when in the course of the discipline or practice of the clergy member's church, denomination, or organization, he or she is authorized or accustomed to hearing those communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a duty to keep those communications secret.
(7) (a) As was its intention with the passage of 2017 Ky. Acts ch. 114, sec. 2, the General Assembly hereby states that the amendments enacted in 2017 Ky. Acts ch. 114, sec. 2 shall be applied retroactively to actions accruing before its effective date of June 29, 2017. This section is a remedial statute which is to be given the most liberal interpretation to provide remedies for victims of childhood sexual assault or abuse.
(b) Notwithstanding any provision of law to the contrary, any claim for childhood sexual assault or abuse that was barred as of March 23, 2021, because the applicable statute of limitations had expired is hereby revived, and the action may be brought if commenced within five (5) years of the date on which the applicable statute of limitations expired.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 106, sec. 3, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 89, sec. 2, effective March 23, 2021. -- Amended 2017 Ky. Acts ch. 114, sec. 2, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 25, sec. 20, effective June 25, 2013. -- Amended 2007 Ky. Acts ch. 19, sec. 9, effective June 26, 2007. -- Created 1998 Ky. Acts ch. 577, sec. 1, effective July 15, 1998.

413.140 Actions to be brought within one year. (Effective until July 15, 2026) (1) The following actions shall be commenced within one (1) year after the cause of action accrued: (a) An action for an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice, or servant; (b) An action for injuries to persons, cattle, or other livestock by railroads or other corporations, with the exception of hospitals licensed pursuant to KRS Chapter 216; (c) An action for malicious prosecution, conspiracy, arrest, seduction, criminal conversation, or breach of promise of marriage;

Subject to KRS 411.190(8), an action for the recovery of real property may be brought only within fifteen (15) years after the right to institute it first accrued to the plaintiff.

Any court or administrative action under any provision of this chapter, not otherwise subject to an express period of limitations, shall be commenced within three (3) years after the cause of action accrued.

KRS § 413.140(2): In respect to the action referred to in paragraph (e) of subsection (1) of this section, the cause of action shall be deemed to accrue at the time the injury is first discovered or in the exercise of reasonable care should have been discovered; provided that such action shall be commenced within five (5) years from the date on which the alleged negligent act or omission is said to have occurred.

Under KRS 413.249(2), a civil action for damages for injury or illness suffered as a result of childhood sexual assault or abuse 'shall be brought within ten (10) years after the victim attains the age of eighteen (18) years' — i.e., by the victim's 28th birthday. KRS 413.249(3) extends that same ten-year period to suits against an entity that owed a duty of care to the plaintiff where a wrongful or negligent act by an employee, officer, director, official, volunteer, representative, or agent of

Kentucky requires a personal-injury action — an action for an injury to the person of the plaintiff — to be commenced within one (1) year after the cause of action accrued, per KRS 413.140(1)(a). The one-year window also governs the adjacent torts enumerated in KRS 413.140(1)(b)-(n), including libel/slander and medical malpractice (the latter subject to the discovery rule and 5-year repose in subsection (2)).

Under KRS 413.120(1), an action upon a contract not in writing, express or implied, must be commenced within five years after the cause of action accrued. Controls oral contracts and implied contracts in Kentucky.

A Kentucky insurance bad faith claim — whether pleaded as a common-law bad faith tort or as a statutory violation of the Kentucky Unfair Claims Settlement Practices Act (KRS 304.12-230) — is subject to the five-year limitations period of KRS 413.120. The common-law bad faith tort claim routes to KRS 413.120(6) ('An action for an injury to the rights of the plaintiff, not arising on contract and not otherwise enumerated'). The UCSPA statutory claim routes to KRS 413.120(2) ('An action upon a liab

Kentucky does not permit traditional non-judicial foreclosure by power of sale (KRS 426.525). A mortgagee seeking to enforce a mortgage lien on real property must bring a circuit court action under KRS 426.005. The statute of limitations for that action is fifteen years under KRS 413.010 (action for recovery of real property), with an alternative fifteen-year basis under KRS 413.090 for the underlying written-contract obligation secured by the mortgage. The six-month post-sale redemption period 

Statute of limitations for personal injury in US-KY is 1 years under KRS 413.140.

Statute of limitations for breach oral contract in US-KY is 5 years under KRS 413.120(1).

Statute of limitations for mortgage foreclosure in US-KY is 15 years under KRS § 413.010.

Statute of limitations for insurance bad faith in US-KY is 5 years under KRS 413.120.

Statute of limitations for wrongful death in US-KY is 1 year under KRS 413.140.

Statute of limitations for legal malpractice in US-KY is 1 year under KRS 413.245.

Statute of limitations for breach written contract in US-KY is 10 years under KRS 413.160.

Statute of limitations for fraud in US-KY is 5 years under KRS 413.120.

Statute of limitations for property damage in US-KY is 5 years under KRS 413.120.

Statute of limitations for trespass in US-KY is 5 years under KRS 413.120.

Statute of limitations for medical malpractice in US-KY is 1 year under KRS 413.140.

Statute of limitations for premises liability in US-KY is 1 year under KRS 413.140.

Statute of limitations for libel in US-KY is 1 year under KRS 413.140.

Statute of limitations for slander in US-KY is 1 year under KRS 413.140.

Statute of limitations for childhood sexual abuse civil in US-KY is 10 years under KRS 413.249.

Statute of limitations for product liability in US-KY is 1 year under KRS 413.140.

insurance_bad_faith SOL in US-KY: 5 years

Kentucky mortgage foreclosure actions must be commenced within 15 years after the cause of action first accrued, under KRS § 413.010 (action for recovery of real property)

Section 1983 borrows the forum state's general personal-injury limitations period; in Kentucky that is the 1-year period for an action for an injury to the person under KRS 413.140(1)(a).

Under KRS 413.160, an action upon a written contract executed after July 15, 2014 must be commenced within ten years after the cause of action accrued; a promissory note is a written contract, so an action on promissory-note debt is governed by this ten-year period (written contracts executed before that date were subject to a fifteen-year period under prior law).

In Kentucky, claims for intentional or negligent infliction of emotional distress are personal-injury actions and must be commenced within one year under KRS 413.140(1)(a).

In Kentucky, an action for false arrest or false imprisonment must be commenced within one year under KRS 413.140(1), which lists arrest among the one-year actions.

A Kentucky civil action for childhood sexual abuse or assault must be brought within 10 years after the victim turns 18.

Kentucky childhood sexual abuse civil claims must be brought within 10 years after the victim attains age 18 under KRS 413.249.

The following actions shall be commenced within five (5) years after the cause of action accrued: (1) An action upon a contract not in writing, express or implied. (2) An action upon a liability created by statute, when no other time is fixed by the statute creating the liability. (3) An action for a penalty or forfeiture when no time is fixed by the statute prescribing it. (4) An action for trespass on real or personal property. (5) An action for the profits of or damages for withholding real or personal property. (6) An action for an injury to the rights of the plaintiff, not arising on contract and not otherwise enumerated. (7) An action upon a bill of exchange, check, draft or order... (11) An action for relief or damages on the ground of fraud or mistake. (13) An action for personal injuries suffered by any person against the builder of a home or other improvements.

The following actions shall be commenced within fifteen (15) years after the cause of action first accrued: (1) An action upon a judgment or decree of any court... (2) An action upon a recognizance, bond, or written contract, except that actions upon written contracts executed after July 15, 2014, shall be governed by KRS 413.160; (3) An action upon the official bond of a sheriff, marshal, clerk, constable... (4) An action upon an appeal bond... (5) An action to recover unpaid child support arrearages.

The following actions shall be commenced within three (3) years after the cause of action accrued: (1) An action against an employer for wrongful discharge in violation of public policy; and (2) An action for a violation of KRS 344.030 to 344.110 or 344.372.

(1) If a person entitled to bring any action mentioned in KRS 413.090 to 413.160, except for a penalty or forfeiture, was, at the time the cause of action accrued, an infant or of unsound mind, the action may be brought within the same number of years after the removal of the disability or death of the person, whichever happens first, allowed to a person without the disability to bring the action after the right accrued.

(1) If a person entitled to bring any action mentioned in KRS 413.090 to 413.160 dies before the expiration of the time limited for its commencement and the cause of action survives, the action may be brought by his personal representative after the expiration of that time, if commenced within one (1) year after the qualification of the representative. (2) If a person dies before the time at which the right to bring any action mentioned in KRS 413.090 to 413.160 would have accrued to him if he had continued alive, and there is an interval of more than one (1) year between his death and the qualification of his personal representative, that representative, for purposes of this chapter, shall be deemed to have qualified on the last day of the one-year period.

413.190(1) If, at the time any cause of action mentioned in KRS 413.090 to 413.160 accrues against a resident of this state, he is absent from it, the period limited for the commencement of the action against him shall be computed from the time of his return to this state.

413.190(2) When a cause of action mentioned in KRS 413.090 to 413.160 accrues against a resident of this state, and he by absconding or concealing himself or by any other indirect means obstructs the prosecution of the action, the time of the continuance of the absence from the state or obstruction shall not be computed as any part of the period within which the action shall be commenced. But this saving shall not prevent the limitation from operating in favor of any other person not so acting, whether he is a necessary party to the action or not.

413.170(1) If a person entitled to bring any action mentioned in KRS 413.090 to 413.160, except for a penalty or forfeiture, was, at the time the cause of action accrued, an infant or of unsound mind, the action may be brought within the same number of years after the removal of the disability or death of the person, whichever happens first, allowed to a person without the disability to bring the action after the right accrued.

Statute of Limitations for Wrongful Death in Kentucky

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