In Kentucky, you have 1 year to file a wrongful death claim under Ky. Rev. Stat. Ann. § 413.140(1)(a). The clock starts on the date of death.
✓ Statute cited · Reviewed October 2026Quick answer: In Kentucky, you generally have 1 year to file a wrongful death lawsuit. The clock starts: date of death. Governing statute: Ky. Rev. Stat. Ann. § 413.140(1)(a).
Data last reviewed: October 2026. General information, not legal advice.
Kentucky law requires wrongful death plaintiffs to file suit within 1 year of the date of death, as established by Ky. Rev. Stat. Ann. § 413.140(1)(a). Failing to file before this deadline will almost certainly result in the court dismissing your case — regardless of how strong your evidence is or how clear the defendant's liability may be.
Unlike personal injury claims, wrongful death statutes of limitations run from the date of death — not the date of the underlying accident or injury. The estate may also have a separate "survival claim" for the decedent's pre-death suffering, which may have a different deadline.
Only 1 year from date of death for wrongful death claims.
| If the clock starts on | Last day to file (general rule) |
|---|---|
| March 15, 2025 | March 15, 2026 |
| September 1, 2025 | September 1, 2026 |
| January 15, 2026 | January 15, 2027 |
| July 1, 2026 | July 1, 2027 |
Examples assume the full 1 year applies with no tolling or special accrual rule. Deadlines that fall on a weekend or court holiday are often extended to the next business day, but do not count on it. Use the calculator on this page for your own date.
The 1-year deadline in Kentucky applies to the following types of wrongful death claims:
If your claim falls outside these categories, a different statute of limitations may apply. An attorney can confirm which deadline governs your specific situation.
Wrongful death claims can typically only be brought by specific family members (spouse, children, parents) or the estate's representative. Eligible parties vary by state.
Many states require the wrongful death claim to be filed by the personal representative of the estate. This may require opening probate first.
Accident scenes are cleared, surveillance footage is deleted, records are lost. Act immediately to preserve all evidence.
Wrongful death claims may involve multiple defendants: the directly negligent party, their employer, equipment manufacturers, property owners, and others.
If a government vehicle, government-operated facility, or government employee caused the death, a Notice of Claim must typically be filed within 60–180 days.
The clock runs from the date of death — not the date of the underlying accident. A victim who lingers weeks before dying resets the clock to the date of death.
| State | Years to File | Statute | Clock Starts |
|---|---|---|---|
| Kentucky ★ | 1 yr | Ky. Rev. Stat. Ann. § 413.140(1)(a) | Date of death |
| Illinois | 2 yr | 740 Ill. Comp. Stat. 180/2 | Date of death |
| Indiana | 2 yr | Ind. Code § 34-23-1-1 | Date of death |
| Missouri | 3 yr | Mo. Rev. Stat. § 537.100 | Date of death |
| Ohio | 2 yr | Ohio Rev. Code § 2125.02 | Date of death |
| Tennessee | 1 yr | Tenn. Code Ann. § 28-3-104(a)(1) | Date of death |
★ = Kentucky. The state where the injury or incident occurred — not where you live — typically determines which statute of limitations applies.
Kentucky's 1 year deadline for wrongful death claims is longer than 0 and shorter than 49 of the other jurisdictions; 1 others match it. Nationally the period runs from 1 year to 3 years (median 2 years; average 2.3 years). In the South the average is 2.1 years across 17 jurisdictions.
See all 2 jurisdictions with a 1 year wrongful death deadline → · Wrongful Death in all states →
Pre-filled with Kentucky and Wrongful Death. Just enter the date of your incident.
In Kentucky, you have 1 year to file a wrongful death claim, measured from the date of death. This deadline is set by Ky. Rev. Stat. Ann. § 413.140(1)(a). If you do not file within this window, your case will almost certainly be dismissed.
The clock starts on the Date of death. Only 1 year from date of death for wrongful death claims.
No state-specific exceptions are formally documented for this claim type in Kentucky, though general tolling rules for minors and mental incapacity may still apply. Consult an attorney.
If you miss the 1-year deadline, the defendant will file a motion to dismiss based on the expired statute of limitations. Courts virtually always grant such motions. Your case will be dismissed with prejudice — meaning permanently — regardless of how strong your evidence is. Always consult an attorney as soon as possible after an injury.
The standard rule in Kentucky starts the clock on the date of death. A discovery rule modification may apply in limited circumstances. Consult an attorney if you believe the standard start date is unfair in your situation.
Kentucky's 1-year deadline for wrongful death claims is tied for the shortest in the country. Across all states and D.C., wrongful death deadlines range from 1 year to 3 years.
If a city, county, state agency, or other government entity is responsible, you typically must file a Notice of Claim with the agency within a much shorter period — often 60–180 days. Missing this notice requirement can permanently bar your claim even before the main statute of limitations expires. Consult an attorney immediately if any government entity is involved.
Possibly, but it is difficult. You would need to demonstrate that a tolling doctrine applies — such as the discovery rule, minority tolling, or fraudulent concealment. An attorney can evaluate whether any exception extends your deadline. Do not assume your claim is dead until you have spoken with a licensed Kentucky attorney.
StatuteLimits.com. "Kentucky Wrongful Death Statute of Limitations (2026)." Reviewed October 2026. https://www.statutelimits.com/states/kentucky/wrongful-death
The wrongful death statute of limitations in Kentucky is strict. Missing the 1-year deadline permanently ends your right to sue — regardless of how strong your case is. Tolling rules, government notice requirements, and recent law changes can all affect your actual deadline.
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