{"data":{"id":"us-ky/krs-49.120","jurisdiction":"us-ky","citation":"KRS 49.120","heading":"When claims must be presented.","body":"(1) All claims must be filed with the board within one (1) year from the time the claim\nfor relief accrued.\n(2) The claim for relief shall be deemed to accrue at the time of the negligent act with\nregard to property damage.\n(3) The claim for relief for persona l injury shall be deemed to accrue at the time the\npersonal injury is first discovered by the claimant or in the exercise of reasonable\ncare should have been discovered; however, no action for personal injury shall be\ncommenced beyond two (2) years from th e date on which the alleged negligent act\nor omission actually occurred.\n(4) Notwithstanding subsection (3) of this section, the claim for relief for medical\nmalpractice shall be deemed to accrue at the time the personal injury is first\ndiscovered by the c laimant or in the exercise of reasonable care should have been\ndiscovered; however, no action for personal injury as a result of medical\nmalpractice shall be commenced beyond three (3) years from the date on which the\nalleged negligent act or omission of malpractice actually occurred.\n(5) If at the time the alleged negligent act or omission occurred or if at the time the\nclaim for relief accrued or thereafter, the claimant is an infant or of unsound mind\nor under any other legal disability to file suit, a guardian or next friend or committee\nor other qualified representative shall bring such action in the board on behalf of\nsuch person within the same time limitation set forth herein or the claim is barred,\nnotwithstanding KRS 413.170 and 413.280. If there i s no guardian or committee or\nhe is unwilling or unable to act or is himself a claimant, the board shall appoint a\nguardian ad litem to represent the interests of the claimant under legal disability.\nThe board shall allow the guardian ad litem a reasonable  fee for his services, to be\ntaxed as costs.","path":["KRS Chapter 49"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51461","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:09Z","sha256":"90867a53f365864b7f59d71e3f851198bf4ea86d56849490f6e966ac3e103404","source_id":"us-ky","stale":false,"prev":"us-ky/krs-49.110","next":"us-ky/krs-49.130"},"notice":"GroundRules: Original legal text. Not legal advice."}
