Kentucky Statutes 49.120 – When claims must be presented
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(1) All claims must be filed with the board within one (1) year from the time the claim for relief accrued.
(2) The claim for relief shall be deemed to accrue at the time of the negligent act with regard to property damage.
(3) The claim for relief for personal injury shall be deemed to accrue at the time the personal injury is first discovered by the claimant or in the exercise of reasonable care should have been discovered; however, no action for personal injury shall be commenced beyond two (2) years from the date on which the alleged negligent act or omission actually occurred.
(4) Notwithstanding subsection (3) of this section, the claim for relief for medical malpractice shall be deemed to accrue at the time the personal injury is first discovered by the claimant or in the exercise of reasonable care should have been discovered; however, no action for personal injury as a result of medical malpractice shall be commenced beyond three (3) years from the date on which the alleged negligent act or omission of malpractice actually occurred.
(5) If at the time the alleged negligent act or omission occurred or if at the time the claim for relief accrued or thereafter, the claimant is an infant or of unsound mind or under any other legal disability to file suit, a guardian or next friend or committee or other qualified representative shall bring such action in the board on behalf of such person within the same time limitation set forth herein or the claim is barred, notwithstanding KRS § 413.170 and KRS § 413.280. If there is no guardian or committee or he is unwilling or unable to act or is himself a claimant, the board shall appoint a guardian ad litem to represent the interests of the claimant under legal disability. The board shall allow the guardian ad litem a reasonable fee for his services, to be taxed as costs.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 23, effective June 29, 2021. — Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 12, effective June 29, 2017. — Amended 1990 Ky. Acts ch. 176, sec. 1, effective July 13,
1990. — Amended 1986 Ky. Acts ch. 499, sec. 6, effective July 15, 1986. — Amended
1966 Ky. Acts ch. 255, sec. 53. — Amended 1962 Ky. Acts ch. 304, sec. 2. — Amended 1958 Ky. Acts ch. 52, sec. 5. — Amended 1950 Ky. Acts ch. 50, sec. 4. — Created 1946 Ky. Acts ch. 189, sec. 3(a).
Formerly codified as KRS § 44.110.
Formerly codified as KRS § 176.330.
(2) The claim for relief shall be deemed to accrue at the time of the negligent act with regard to property damage.
Terms Used In Kentucky Statutes 49.120
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Year: means calendar year. See Kentucky Statutes 446.010
(3) The claim for relief for personal injury shall be deemed to accrue at the time the personal injury is first discovered by the claimant or in the exercise of reasonable care should have been discovered; however, no action for personal injury shall be commenced beyond two (2) years from the date on which the alleged negligent act or omission actually occurred.
(4) Notwithstanding subsection (3) of this section, the claim for relief for medical malpractice shall be deemed to accrue at the time the personal injury is first discovered by the claimant or in the exercise of reasonable care should have been discovered; however, no action for personal injury as a result of medical malpractice shall be commenced beyond three (3) years from the date on which the alleged negligent act or omission of malpractice actually occurred.
(5) If at the time the alleged negligent act or omission occurred or if at the time the claim for relief accrued or thereafter, the claimant is an infant or of unsound mind or under any other legal disability to file suit, a guardian or next friend or committee or other qualified representative shall bring such action in the board on behalf of such person within the same time limitation set forth herein or the claim is barred, notwithstanding KRS § 413.170 and KRS § 413.280. If there is no guardian or committee or he is unwilling or unable to act or is himself a claimant, the board shall appoint a guardian ad litem to represent the interests of the claimant under legal disability. The board shall allow the guardian ad litem a reasonable fee for his services, to be taxed as costs.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 23, effective June 29, 2021. — Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 12, effective June 29, 2017. — Amended 1990 Ky. Acts ch. 176, sec. 1, effective July 13,
1990. — Amended 1986 Ky. Acts ch. 499, sec. 6, effective July 15, 1986. — Amended
1966 Ky. Acts ch. 255, sec. 53. — Amended 1962 Ky. Acts ch. 304, sec. 2. — Amended 1958 Ky. Acts ch. 52, sec. 5. — Amended 1950 Ky. Acts ch. 50, sec. 4. — Created 1946 Ky. Acts ch. 189, sec. 3(a).
Formerly codified as KRS § 44.110.
Formerly codified as KRS § 176.330.