What are statutes of limitations? A statute is a common law legal system that sets forth the maximum time period after certain events such as a wrongful death that legal proceedings may be initiated. What is Kentucky’s statute of limitations?
Caps on Attorney Awards: Kentucky has no limits on attorney awards
Statute of Limitations
Medical Malpractice-1 year from date of injury; if undiscoverable–then 5 years max
Product Liability-1 year of suffering injury
Wrongful Death–1 year from date of death
Caps on damages – Kansas Statute of Limitations Laws
Medical Malpractice – No limit damages awards in malpractice cases
Product Liability–Punitive Damages - In reviewing punitive damage awards, the courts in Kentucky have been consistent. The opinions have admitted that setting a fixed standard for those damages would be most difficult. Certain specific guidelines, however, have been formulated by the courts. Fowler v. Mantooth, 683 S.W.2d 250, 253 (Ky. 1984); Hensley v. Paul Miller Ford, Inc., 508 S.W.2d 759, 763 (Ky. 1974); Henderson v. Henderson Funeral Home Corp., 320 S.W.2d 113, 116 (Ky. 1958); Brink v. Kennedy, 286 Ky. 566, 151 S.W.2d 58, 61 (1941).
Pharmaceutical cases – No limit damages (however look to product liability for court decisions on punitive damages).
Special Rules for Kentucky Minors (minors tolling)
Except in cases of wrongful death, the statute of limitations begins to run when a minor turns 18, or, if under 18, when the minor marries. In Kentucky, those under 18 can marry with parental consent
Kentucky Justice Association
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Kentucky State Police Headquarters
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