The Kentucky Board of Claims: A Different System Entirely

Most states let you sue the government in ordinary court, just on a shorter clock. Kentucky routes these claims somewhere else altogether.

Not a courtroom — a special board

Under KRS § 44.070 and § 44.072, the Board of Claims has exclusive jurisdiction over any claim against the Commonwealth of Kentucky, its cabinets, departments, bureaus, or agencies. This isn't a notice-then-sue prerequisite before reaching a regular courtroom — it's a genuinely separate administrative body that handles the entire claim from start to finish, in place of the ordinary civil court system.

A strict one-year deadline, actively enforced

Claims before the Board of Claims must generally be filed within one year. This isn't a theoretical deadline — the Board's own monthly meeting records show it regularly dismissing claims specifically for failing to file within that one-year statute of limitations, treating the window just as strictly as a court would its own filing deadline.

Real limits on what the Board can do

The Board generally won't accept a claim valued at less than $100, and any award it does make is capped — generally $200,000 for a single-claim case, and $350,000 for a case involving multiple claims. These caps and thresholds are worth understanding from the outset, since they shape what's realistically available through this process regardless of how the underlying facts play out.

Why this matters more than a typical procedural detail

Once the Board of Claims reaches a final decision on a claim — whether that's an award or a dismissal — the claimant is generally barred from pursuing the same claim against the Commonwealth in any other forum. The Board's determination is given the same legal weight as a judgment from a Kentucky court. This makes getting the process right the first time, including meeting the one-year deadline, genuinely consequential in a way that goes beyond a simple missed filing.

What this doesn't cover

This special process applies specifically to claims against the Commonwealth and certain state-level entities, including claims involving a school district board of education. A claim against a private individual or business still follows Kentucky's ordinary one-year statute of limitations through the regular court system, not the Board of Claims process described here.

The Kentucky Board of Claims — frequently asked questions

Can I sue the Commonwealth of Kentucky in regular court?

No. Under KRS § 44.070 and § 44.072, the Board of Claims has exclusive jurisdiction over claims against the Commonwealth, its cabinets, departments, bureaus, and agencies — these claims do not go through the ordinary court system.

How long do I have to file a claim with the Kentucky Board of Claims?

One year, and Kentucky's Board of Claims has actively dismissed claims filed after that one-year window for failing to meet the deadline.

Is there a minimum dollar amount for a Kentucky Board of Claims claim?

Yes. The Board generally does not accept claims valued at less than $100.

Are there caps on what the Kentucky Board of Claims can award?

Yes. Awards are generally limited to $200,000 for a single-claim case and $350,000 for cases involving multiple claims.

What happens once the Board of Claims decides a case?

The Board's final decision, including a dismissal, generally precludes the claimant from suing the Commonwealth over the same matter in any other forum — its determination carries the same legal weight as a court judgment.

This page provides general guidance only and is not legal advice. Figures are based on Kentucky statute (KRS § 44.070 to § 44.165), verified per our methodology. Confirm the exact requirements for a specific Commonwealth claim with a licensed Kentucky attorney before acting.