What is the Property Damage Statute of Limitations in Kentucky?

If you've had your property damaged by someone else's negligent or intentional action in Kentucky, you might have the right to file a property damage claim or lawsuit and try to get compensation for your losses. In that situation, it's important to understand Kentucky's statute of limitations for these kinds of cases, where to file your lawsuit, and more.

What Is a "Statute of Limitations"?

A "statute of limitations" is a law that affects your right to file a lawsuit, by putting a strict limit on how much time can pass before you must get the case started in court. Every state has these laws on the books, with different time limits depending on the kind of case being filed. Miss the filing deadline, and you'll almost certainly lose the right to any kind of legal remedy for the harm you've suffered.

The Property Damage Lawsuit Filing Deadline in Kentucky

In Kentucky, the applicable statute of limitations depends on whether your potential lawsuit involves damage to:

• real property (your house, some other building, or your land), or
• personal property (including vehicle damage).

For lawsuits over damage to real property, a five-year filing deadline usually applies. Kentucky Revised Statutes section 413.120 includes this deadline for actions for "trespass" on "real property," and Kentucky's courts have interpreted this rule as applying to any lawsuit over damage to a house, building, land, or other "real" property, caused by someone else's negligence.

If your lawsuit is over damage to personal property (including damage to or destruction of a vehicle, jewelry, or electronics), Kentucky Revised Statutes section 413.125 says that it must be filed within two years.

Whichever deadline applies, the "clock" typically starts running when the property owner becomes aware (or should reasonably have become aware) of the incident that led to the damage.

Learn more about how property damage claims work.

Missing the Filing Deadline in Kentucky

If you try to file your Kentucky property damage lawsuit after the applicable time limit has passed, you can count on the defendant (the person you're trying to sue) filing a motion with the court, asking that the case be dismissed. And the court is certain to grant the dismissal unless rare circumstances make an extension of the deadline appropriate (more on these rules later).

So it's crucial to pay attention to (and comply with) the Kentucky statute of limitations for property damage cases, even if you're fairly certain you'll be able to resolve the situation without resorting to a lawsuit.

Extending the Lawsuit Filing Deadline in Kentucky

A number of situations could effectively extend the statute of limitations deadline, giving a Kentucky property owner more time to get their lawsuit filed. Let's look at two of the more common examples.

When the Property Owner Is Under a "Legal Disability"

Special statute of limitations calculation rules usually apply if, at the time the property damage occurs, the property owner is:

• an infant (in the eyes of the law in Kentucky, that means under the age of 18), or
• of unsound mind (having been declared legally incompetent, for example).

These are considered "legal disabilities" by the Kentucky civil courts. Only when the period of legal disability ends—meaning the property owner turns 18, or they're declared legally competent—does the clock start running, and the property owner will then have the full time period (two years or five years, depending on the kind of property that was damaged) to get their lawsuit filed. This rule can be found at Kentucky Revised Statutes section 413.170.

When the Defendant "Obstructs" the Lawsuit

According to Kentucky Revised Statutes section 413.190, if the defendant (the person who's alleged to have caused the property damage) is a resident of Kentucky and "by absconding or concealing himself or by any other indirect means obstructs the prosecution of the action," (including by fleeing the state) the period of absence or concealment probably won't be counted as part of the time limit for filing the lawsuit.

Other circumstances may affect the Kentucky statute of limitations, and how the time window is calculated. Do a little research of your own or talk to a Kentucky lawyer for more details.

Where Do I File a Property Damage Lawsuit In Kentucky?

Where you'll file your Kentucky property damage case mostly depends on the amount of compensation ("damages" in the language of the law) you'll be seeking from the person you're suing:

• If you'll be asking for less than $5,000 as compensation for your property damage, Kentucky District Court is the right place for your lawsuit.
• If your damages look like they'll add up to more than $5,000, your property damage lawsuit will probably be filed in one of Kentucky's Circuit Courts.

In either scenario, you'll likely file your lawsuit in the judicial district or judicial circuit where the person you're suing lives, or where the property damage occurred.

Can I File a Property Damage Case In Kentucky Small Claims Court?

Yes. If you're not asking for more than $2,500 from the person who damaged or destroyed your property, small claims court is an option for your case. Remember that the statute of limitations deadline we've discussed here also applies to cases filed in Kentucky's small claims courts.

Do I Need a Lawyer to Handle My Kentucky Property Damage Case?

If your property damage case is fairly straightforward, it usually makes sense to handle it on your own and try to get a fair settlement before you need to take the matter to court. It can even be tough to find a lawyer who's willing to take a run-of-the-mill property damage claim.

But contacting an experienced Kentucky lawyer—if only to get a good sense of your options—might be a good idea if your case involves personal injury or some other legal issue on top of your property damage. Learn more about finding the right lawyer for you and your case.