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Kentucky · Snapshot 09/05/2026

KRS 49.120: When claims must be presented.

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Where this section sits in the code
  1. KRS Chapter 49

(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 persona l 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 th e 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 c laimant 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 413.280. If there i s 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.

Collected 2026-09-05T20:49:09Z. Source file · JSON

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