Kentucky Notice of Claim Against Government

Introduction

Key Things to Know

1. 1

   The deadline is strict. Under KRS 49.120, all claims must be filed with the Board of Claims within 1 year from the time the claim for relief accrued. Property damage accrues at the negligent act. Personal injury accrues on discovery, but no action may come more than 2 years after the act, or 3 years for medical malpractice.

2. 2

   State track: the Board of Claims has exclusive jurisdiction over negligence claims against the Commonwealth (KRS 49.040). The claim itself is filed with the Board, an administrative forum, rather than sent as a notice before a lawsuit. The Board's guidance calls for a signed claim form with all evidence attached, signed by the claimant and by the attorney if represented.

3. 3

   City track: for injury from a defect in a city bridge, street, sidewalk, alley or other public thoroughfare, KRS 411.110 requires notice within 90 days of the occurrence, filed with the mayor, city clerk or clerk of the board of aldermen, in the manner the Rules of Civil Procedure provide for service of notice.

4. 4

   The KRS 411.110 notice states the time and place where the injury was received, the character and circumstances of the injury, and that the injured person will claim damages from the city.

5. 5

   For counties, school districts and city claims that do not involve a street, sidewalk or other thoroughfare, ask the entity's clerk or risk management office which claim process and deadline it applies.

6. 6

   Minority and disability do not extend the Board of Claims deadline. A guardian, next friend or committee must file for a minor or a person of unsound mind within the same 1-year limit, or the claim is barred, notwithstanding KRS 413.170 and 413.280. The Board appoints a guardian ad litem if no one acts (KRS 49.120(5)).

7. 7

   Board of Claims awards are capped at $250,000 per single claim or award, exclusive of interest and costs. Where a single act of negligence produces multiple claims, the total is $400,000, with no more than $250,000 to any one claimant (KRS 49.040(1)).

Kentucky Requirements for Notice of Claim

• One-Year Board of Claims Filing

  KRS 49.120: all claims must be filed with the Board of Claims within 1 year from accrual. Personal injury accrues on discovery but no more than 2 years after the act (3 years for medical malpractice).

• Exclusive State Forum

  KRS 49.040: the Board of Claims has exclusive jurisdiction over negligence claims against the Commonwealth. The claim is filed on a signed claim form with all evidence attached.

• 90-Day City Thoroughfare Notice

  KRS 411.110: for injury from a defect in a city bridge, street, sidewalk, alley or other public thoroughfare, notice is due within 90 days of the occurrence, to the mayor, city clerk or clerk of the board of aldermen.

• City Notice Contents

  State the time and place where the injury was received, the character and circumstances of the injury, and that the injured person will claim damages from the city (KRS 411.110).

• City Notice Delivery

  KRS 411.110: the notice is given in the manner the Rules of Civil Procedure provide for service of notice.

• Board Decision Timing

  KRS 49.090: the award or order is made within 30 days after final submission, except in cases with large or complicated records or unusual questions of law.

• No Tolling for Minors

  KRS 49.120(5): a representative must file for a minor or person of unsound mind within the same 1-year limit or the claim is barred, notwithstanding KRS 413.170 and 413.280.

• Board of Claims Award Caps

  KRS 49.040(1): $250,000 per single claim or award, exclusive of interest and costs; $400,000 total for multiple claims from one negligent act, with no more than $250,000 to any one claimant.