Colorado Personal Injury Statute of Limitations Explained
- For most personal injury claims in Colorado, you have two years from the date of the injury to file a lawsuit (C.R.S. 13-80-102).
- The clock generally starts on the date the injury occurred, not the date you learned its full extent.
- Key exceptions include the discovery rule, minority tolling, mental incapacity, governmental claims, and fraud or concealment.
The Colorado personal injury statute of limitations is a legal time limit given to accident victims looking to take legal action. For personal injury claims, the statute of limitations is two years from the date that an injury occurred. This means a victim has two years to pursue a personal injury claim against the negligent party who caused the accident. If you fail to meet this deadline, you lose the right to file a claim completely.
It is vital to understand that the statute of limitations generally begins on the date that the injury occurred, not from the date an individual learns the full extent of their injuries or decides to pursue legal action. In many cases, even when an individual is unaware of the severity of their injuries or the cause of their condition, the timeline has already begun for their claim.
What Type of Personal Injury Claims Follow This Statute of Limitations?
Colorado's statute of limitations applies to various types of personal injury claims arising from accidents, negligence, or intentional wrongdoing. Common types of these claims include the following:
- Motor Vehicle Accidents
- Slip and Fall Accidents
- Medical Malpractice
- Product Liability
- Workplace Injuries
- Dog Bites
- Assault and Battery
- Wrongful Death
The above are just a few examples of the varying types of personal injury claims that adhere to the statute of limitations in Colorado. If you have been injured due to any of the above incidents, you may be eligible to file a legal claim to seek damages. You should speak with an adept personal injury lawyer as soon as possible to learn about what steps you need to take to pursue compensation.
For a broader overview of claim types and how Colorado law applies to your situation, read the CGH practice areas page or contact our team directly for a free case review.
Exceptions to Colorado's Personal Injury Statute of Limitations
In the state of Colorado, there are a few exceptions to the two-year statute of limitations. Some of these exceptions are as follows:
- Discovery Rule: There are cases where an injury is not immediately identified at the time of an incident. If this is the case, the statute of limitations can begin from the date that an injury is discovered or reasonably should have been uncovered. The discovery rule is typically used in cases such as medical malpractice when delayed diagnosis or exposure to toxic substances is present.
- Minority Tolling: In the case that an injury is sustained by a minor, the statute of limitations can be suspended until they reach eighteen years of age. Once an individual reaches eighteen years of age, the statute of limitations would then start, and they would typically have two years from that date to file a claim.
- Mental Incapacity: The statute of limitations may be postponed if the injured individual was also incapacitated during the initial stages of their injury. Generally, when an individual regains capacity, they will be given two years from that date to file a claim.
- Governmental Claims: In general, claims that are filed against governmental entities, such as cities, counties, or state agencies, have specific notice requirements and shorter deadlines. Under the Colorado Governmental Immunity Act, written notice must be provided within 182 days after discovery of the injury (C.R.S. 24-10-109), and claims must be filed within two years from the date of the injury.
- Fraud or Concealment: If the at-fault party fraudulently conceals the cause of action or in some way prevents the injured party from discovering an injury or its cause, the statute of limitations can be paused until the injury is discovered or should have been discovered with reasonable awareness.
Because there are exceptions to Colorado's statute of limitations for certain personal injury cases, it is helpful to consult a personal injury attorney who can look into the viability of your claim.
If your injury involves a car accident specifically, the deadline analysis may be different. Colorado gives three years to file motor vehicle bodily injury and property damage actions under C.R.S. 13-80-101(1)(n). Read the Colorado car accident statute of limitations page for the vehicle-specific rules, including UM/UIM and government vehicle issues.
Frequently Asked Questions
What Is the Statute of Limitations for an Accident in Colorado?
In Colorado, the deadline depends on the type of claim. Most personal injury claims -- slip and falls, dog bites, premises liability, and similar tort actions -- must be filed within two years of the injury (C.R.S. 13-80-102). Motor vehicle accident claims have a longer period: three years from the date of the accident for bodily injury and property damage (C.R.S. 13-80-101(1)(n)). Separate, shorter notice deadlines apply when a government entity is involved. There are variations and exceptions to each rule, so it is essential to speak with an attorney about your specific deadline as soon as possible.
What Is the Personal Injury Threshold in Colorado?
Colorado does not hold a specific personal injury threshold like other states do. Individuals injured in accidents caused by the negligence of others can generally seek compensation for both economic damages and non-economic damages without needing to meet specific criteria related to their injuries. Colorado law permits injured parties to seek compensation for all damages they have suffered as a result of an accident, regardless of the extent.
What Crimes Do Not Have a Statute of Limitations in Colorado?
Unlike civil cases, criminal cases do not usually have a statute of limitations in place. For example, crimes such as first-degree murder, class one felonies, sexual assault on a child, and child abuse resulting in death are all cases that can be pursued without a statute of limitations holding a victim back. There are no set legal time limits on pursuing prosecution for these offenses.
How Much Compensation Do You Get for Personal Injury in Colorado?
The level of compensation individuals can receive for their personal injuries will depend on the various factors that impact their case, including the severity of their injuries, the extent of liability, non-economic damages, and more. Economic damages are easily quantified losses like medical expenses, lost wages, and property damage, while non-economic damages are intangible losses like pain and suffering, emotional distress, loss of enjoyment of life, and more.
Reach Out to Our Colorado Personal Injury Attorneys Today
If you are navigating a challenging personal injury issue, reach out to the attorneys at Cheney Galluzzi & Howard. Our team shares decades of experience working through complex personal injury cases and has the knowledge needed to help you file a successful claim on time. We can ensure you follow the statute of limitations and file your claim before your deadline, as well as help you build a valid claim.
Call (303) 209-9395 or contact our dedicated personal injury attorneys to schedule a consultation today.
This article is general information for Colorado injury readers. It is not legal advice, does not create an attorney-client relationship, and does not promise that any deadline applies to your case. Statute-of-limitations, notice, governmental entity, wrongful death, and exception questions require case-specific legal review.
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