44.110 When claims must be presented. - Kentucky Statutes

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44.110 When claims must be presented. (1) All claims must be filed with the Board of Claims 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 of Claims 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 of
Claims shall appoint a guardian ad litem to represent the interests of the claimant
under legal disability. The Board of Claims shall allow the guardian ad litem a
reasonable fee for his services, to be taxed as costs. Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 176, sec. 1, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 499, sec. 6, effective July 15, 1986. -- Amended 1966 Ky. Acts
ch. 255, sec. 53. -- Amended 1962 Ky. Acts ch. 304, sec. 2. -- Amended 1958 Ky.
Acts ch. 52, sec. 5. -- Amended 1950 Ky. Acts ch. 50, sec. 4. -- Created 1946 Ky.
Acts ch. 189, sec. 3(a). Formerly codified as KRS 176.330.