49.120 When claims must be presented.
321 words·~1 min read·
/ky/chapter-49/49-120A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 personal 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 the 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 claimant 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 is 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.