The Statute of Limitations in Kentucky for a Wrongful Death

Failing to file a lawsuit in a timely manner could be fatal to a case.

Unfortunately, wrongful deaths occur and litigation can be necessary to compensate the loved ones of the victim. However, if action is not taken in a timely manner, according to Kentucky law, the case may never see the inside of a courtroom.

Time Frame

In Kentucky, time to file actions not related to real property is dictated by statute. All actions must be brought within one year of the date that the injury was discovered or "should have been discovered."

Separate Actions

The Supreme Court of Kentucky determined that the time to file a wrongful death action begins on the date of death. However, the injury or malpractice that later led to death may be addressed in a separate action and that time starts on the date of injury or malpractice.

Failure to Timely File

Kentucky courts from the county level to the Court of Appeals to the Supreme Court have consistently ruled that the statute of limitations is a strict rule. Failing to file within the allotted time will result in a dismissal of the action.

References

• Kentucky Law on Time to File Suit
• Failing to Timely File