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What Is the Statute of Limitations in Kentucky?
Statutes of limitations are time limits within which a criminal and civil lawsuit must be filed imposed by the Kentucky state legislature. The Kentucky civil statutes of limitations (KRS Chapter 413) define statutes of limitation as the maximum period one can wait before filing a lawsuit, depending on the type of case or claim. These deadlines protect the integrity of the evidence and stop parties from continuously threatening legal action or criminal accusations. Additionally, the statute of limitations prohibits filing stale or false claims in court after an excessive amount of time has elapsed for a Kentucky felony, misdemeanor, or infraction.
How Long Is the Statute of Limitations in Kentucky?
In Kentucky, the statute of limitations heavily depends on the type of lawsuit being filed and the type of offence committed. The details within a case can also legally lead to increased time limits for filing a lawsuit in Kentucky. For example, the statute of limitations for civil cases that involve proving negligence, such as personal injury claims, medical malpractice, personal property damage, and car accidents, is 1 to 5 years. Minor misdemeanors such as trespassing or public indecency have a statute of limitations of one (1) year.
As a general rule, the Kentucky legislature recommends that the prosecution of a misdemeanor be commenced within one (1) year after it is committed. However, the statute of limitations for a misdemeanor sex offense in which the victim was a minor at the time of the incident is within ten (10) years of the victim turning eighteen (18) years old.
Criminal offenses and felonies have no statute of limitations and can be prosecuted anytime.
The table summarizes the statute of limitations for various case types in Kentucky.
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Misdemenaors | 1 to 2 years | Exceptions are made for sexual misdemeanor offences in Kentucky law. Sexual misdemeanors such as promoting prostitution in Kentucky have a statute of limitations of 8 years, or sometimes have an indefinite statute of limitations |
| Felony | No time limits | Murder, intentional injury, some armed robberies, grand theft, and various drug-related offenses are a few examples of felonies. |
| Civil offenses | 1-3 years | Civil misdemeanors such as trespassing, public urination, noise pollution, and minor traffic offenses have a short window where the offender can be prosecuted |
| violations | 1 year |
What Crimes Have No Statute of Limitations in Kentucky
Due to the severity and damaging nature of felonies, Kentucky law does not have a statute of limitations for felony offenses. No matter how long the offense was committed, a felony can be prosecuted in Kentucky at any time. Statutes' limitations do not exist for felony offenses to guarantee that justice is served for crimes of this size. Crimes sentenced to one year or more in state prison are considered felonies in Kentucky. Examples of felonies in Kentucky include rape, kidnapping, inflicting severe harm or death, robbery in the first degree, and assault in the first, second, and third degrees.
Criminal Statute of Limitations in Kentucky
The Criminal statute of limitations in Kentucky differs according to the particular offence and the severity of the crime committed. As long as the offence committed is not a felony, the Kentucky legislature provides a statute of limitations for every criminal act. Kentucky has a narrow classification for criminal offences that are not felonies.
Additionally, violations in Kentucky must be prosecuted within a year of the offense. These violations include breaking certain traffic regulations, failing to register an automobile transfer, hitchhiking on limited-access routes, and failing to have a rearview mirror on a vehicle.
Criminal misdemeanors such as petty shoplifting, trespassing, and resisting arrest have a statute of limitations of 1 to 2 years. Criminal offenses such as petty fraud and extortion have a statute of limitations of 3-7 years, depending on the circumstances of the criminal act.
Felonies have no statute of limitations in Kentucky. Some examples of felonies include:
- Robbery
- Kidnapping
- Rape
- burgulary
The table gives some examples of criminal statute time limits in Kentucky.
| Offense | Statute of Limitations |
|---|---|
| Class A, B, and C misdemeanors | 1-2 years |
| General felonies | No |
| anti-trust Insurance fraud Negligence | 5 - 15 years |
| Credit/debit card abuse Identity theft Medicaid fraud Bigamy Money laundering Misapplication of large amounts of fiduciary property Computer cromes | 7 years |
Is There a Statute of Limitations on Attempted Murder?
No, there is no statute of limitations on attempted murder in Kentucky. Attempted murder is a capital offense and always classified as a class B felony in Kentucky, and hence falls into the category of crimes that have no limits to when a person accused can be prosecuted.
According to Kentucky law, class A felonies, such as murder, and class B felonies, such as attempted murder, assault with intent to commit murder, and manslaughter, are violent crimes that do not have a statute of limitations. Kentucky legislature maintains a hardline stance on most felonies and allows prosecutors to charge offenders with a felony at any point, no matter how long has passed since the crime.
Statute of Limitations on Sexual Assault in Kentucky
Sexual assault in Kentucky is a heinous crime that is most often classified as a class A or B felony. On very few occasions, the crime can also fall under a sexual misdemeanor. Several factors determine the statute of limitations on sexual assault in Kentucky. Some of these factors include:
- The age of the victim
- The amount of evidence available
- The type of sexual assault(rape, sodomy,sexual abuse)
- The nature of the sexual assault(violence,coercion, force)
-
The time of discovery of the crime
In Kentucky, sexual assault that involves rape, sodomy, or first-degree sexual abuse is classified as a felony and has no statute of limitations. However, second and third-degree sexual assault can sometimes be classified as class A misdemeanors. Class, A misdemeanor sexual assault has a statute of limitations that is as follows:
- Prosecution of the charge must begin within a year of the offense being committed if the victim is older than 18.
-
If the victim was younger than eighteen during the offense, the prosecution must begin within ten years of the victim's turning eighteen.
In Kentucky, there is no rape reporting deadline set by law. All forms of sexual assault and rape are regarded as felonies, and there are no time limits for reporting charges to law enforcement in Kentucky or for eventually prosecuting them.
Civil Statute of Limitations in Kentucky
Kentucky's civil statute of limitations outlines all the civil lawsuit deadlines for filing a civil action. For cases to be resolved quickly, the plaintiff and the defendants must be aware of these civil statutes of limitations. If a case is filed after the statute of limitations has passed in Kentucky, the courts will almost never take it on. This is the norm with very few exceptions. Nevertheless, even if the courts accept a late-filed lawsuit, the defendant will undoubtedly use the statute of limitations' expiration as grounds for case dismissal.
Below is a breakdown of the statute of limitations that affects common civil cases in Kentucky
| Claim Type | Statute of Limitations | Section (§) of the statute of limitations in the Kentucky legislature for the claim type |
|---|---|---|
| Personal Injury | One year from the date of the injury | KRS 413.140(1)(a) |
| Libel/slander | One year following the date of the derogatory remarks | KRS 413.140(1)(d) |
| Fraud | Five years after the fraud was detected, or when it should have been revealed | KRS 413.120(11) |
| Professional malpractice | One year from the date when the cause of action accrued | KRS 413.245 |
| Medical malpractice | One year from the date of the incident or discovery of the injury | KRS 413.140(e) |
| Trespassing | Five years | KRS 413.120(4)) |
| Oral contracts | Five years | KRS 413.120 (1) |
Statute of Limitations for Medical Malpractice in Kentucky
Medical malpractice is defined in KRS 216.515 to 216.530. is when a healthcare provider, such as a physician, nurse, or hospital, fails to meet the required standard of care and causes harm to the patient. The statute of limitations for medical malpractice lawsuits in Kentucky is one year from the date that the victim of the malpractice should have known that the injury they suffered is due to a medical care provider's negligence. For example, suppose an individual discovers that they have had a complication 10 years after a surgery. In that case, they have one year after the discovery to file a lawsuit against the facility that performed the surgery. In this case, Kentucky law allows the victim of malpractice to file the claim because the complication only arose after 10 years.
If a medical professional treats a person for a condition or injury, the statute of limitations to file a malpractice lawsuit against the personnel is one year after that treatment ends. Another caveat is in the case of death. If medical malpractice leads to the death of a person, the legal representative of the deceased person has one year after a personal representative for the deceased estate has been appointed.
The table outlines common medical malpractice cases in Kentucky.
| Type of Medical Malpractice | Example |
|---|---|
| Errors with medication | prescription mistakes, including prescribing the incorrect medication, dosage, or a medication to which the patient is allergic or that will have a negative drug interaction |
| Diagnostic errors | Misdiagnosis, delayed diagnosis, and failure to diagnose result in the patient not receiving an accurate or timely diagnosis. |
| Surgical errors | Careless mistakes made during surgery, such as cutting a nerve or artery, producing excessive bleeding, or leaving a foreign item in the human cavity |
| Anesthesia mistakes | A patient receiving either too little or too much anesthetic due to an anesthesiologist's incorrect dosage calculation. Due to a shortage of oxygen, these errors can result in serious and even fatal brain damage. |
| Failure to treat. | Negligently releasing a patient too soon, for example, before correctly identifying an illness or sending them to a specialist. |
Statute of Limitations for Debt in Kentucky
The Kentucky statute of limitations on debt determines how long creditors must take someone to court over unpaid debts. As a general rule, the statute of limitations for debt in Kentucky is 15 years for written contracts §413.090(2)) and 5 years for oral contracts ( §413.120 (1)). The statute of limitations for debts in Kentucky is also determined by:
- The type and nature of the debt
- Who the debt is owed to(private or government)
-
The date of default on the debt.
When an individual is delinquent on a payment, this data stays on their credit reports for seven years, plus an additional 180 days from the date the account became past due. Even after the statute of limitations has passed, a creditor may still pursue legal action for an old debt. The debtor must respond to the case by claiming that the statute of limitations has passed. However, the Fair Debt Collections Practice Act (FDCPA) prohibits debt collectors from threatening or pursuing lawsuits on time-barred payments for personal, household, and family debts.
When someone's financial situation deteriorates to the point where they cannot repay others, they may want to consider declaring bankruptcy. Through bankruptcy, other loans and debts may be discharged or reduced, making it more straightforward for the debtor to fulfill their financial responsibilities.
The table outlines the statute of limitations for various debts in Kentucky and their applicable terms.
| Type of Debt | Statute of Limitations | Notes |
|---|---|---|
| Open-Ended Accounts (sometimes includes credit card debt) | 5 years | The limitation period begins from the date of the last payment or default |
| Written Contracts (often include medical bills, sometimes include credit cards and car loans) | 10 years (contracts after July 15, 2014) 15 years (contracts before July 15, 2014) | |
| Contract for Sale of Goods (including some auto loans) | 4 years | The statute of limitations may change depending on the type of contract |
| Mortgage or home equity loan | 15 years | |
| promissory note | 15 years | This encompasses promissory notes and formal loan agreements |
| Medical loans | 15 years | This includes any loans collected to cover medical treatment or procedures |
Statute of Limitations for Child Abuse and Child Support in Kentucky
In Kentucky, child abuse is often classified as a felony and is a grave crime. Crimes involving child abuse that are classified as felonies are prosecutable at any time and are not subject to a statute of limitations. Less serious child abuse offenses are sometimes categorized as very high-level misdemeanors, which carry severe penalties and jail time. Misdemeanor child abuse has a statute of limitation of up to three years after the discovery or eight years after the victim becomes eighteen.
As outlined in KRS 413.249, any civil action for damages against an individual or organization for harm or disease resulting from childhood sexual assault or abuse may be filed within ten (10) years of the victim turning eighteen (18).
Regarding child support enforcement in Kentucky, the state legislature provides that a custodial parent has a 15-year statute of limitations for enforcing child support arrears. The time limit begins when the last child in the child support order emancipates or turns 18 years old per KRS 413.090. Sometimes, the state may choose not to enforce the statute of limitations. Even when someone dies, their estate can be garnished for unpaid child support arrears.