If you’ve been injured due to someone else’s negligence in Colorado, you have limited time to file an injury claim against the at-fault party. Colorado has strict statutes of limitation for personal injury lawsuits. These deadlines determine how long you have to take legal action after an accident or injury.
Failing to file a claim within the time limit can permanently bar you from recovering compensation in court, no matter how valid your claim is.
What is the Statute of Limitations for Personal Injury in Colorado?
In most personal injury cases, Colorado law gives you two years from the date of the injury to file a lawsuit in civil court.
This two-year deadline applies to a wide range of personal injury claims, including:
- Slip and Falls/Premises Liability
- Dog Bites
- Workplace Injuries
- Medical Malpractice
- Defective Products
Colorado also has a general two-year statute of limitations for wrongful death lawsuits.
Motor Vehicle Accidents
If your injury resulted from a motor vehicle accident, Colorado law extends the statute of limitations to three years. This deadline applies to car accidents, motorcycle accidents, truck accidents, and other auto crashes. The clock typically starts ticking on the date of your accident.
Exceptions to the Statute of Limitations
There are some exceptions that may either pause (toll) or shorten this filing period, such as:
- If the injured person was a minor at the time of the accident, the statute of limitations period may be delayed until they reach 18.
- If the injured person was mentally incapacitated, the clock may not start until the individual recovers from their disability.
- If the defendant leaves the state of Colorado after the injury but before a lawsuit is filed, the statute of limitations may be paused until they return.
Cases involving government entities are generally subject to shorter deadlines. In these cases, you typically have 180 days from your accident to provide the government entity with notice of your intent to file an injury claim. Beyond that, you will typically have two or three years to initiate a lawsuit, depending on the facts of your accident.
Colorado’s Statute of Limitations for Personal Injury Claims
Reasons Why There Are Statutes of Limitations
Statutes of limitations serve several important public policy goals, including:
- Preservation of evidence – Over time, physical evidence can be lost, memories can fade, and witnesses may become unavailable. Time limits help ensure that claims are resolved while evidence is still accessible.
- Fairness to defendants – Defendants deserve the opportunity to defend themselves while evidence is fresh and readily available. Without a statute of limitations, individuals or businesses could face indefinite legal uncertainty.
- Judicial efficiency – Courts are better able to manage caseloads when claims are brought within a reasonable period of time. Filing deadlines promotes efficiency in litigation and reduces backlogs.
- Encouraging prompt resolution of claims – Time limits encourage injured parties to pursue claims quickly, promoting quicker resolutions for all parties involved in personal injury matters.
Don’t Let the Deadline Run Out
You should act quickly if you were injured in an accident in Colorado. If you fail to file your lawsuit within the statute of limitations, you risk losing your right to compensation. Fortunately, you can seek assistance in complying with the relevant deadlines.
An experienced Centennial personal injury attorney can evaluate your case, determine the correct statute of limitations, and take immediate action to protect your rights.
Call Legal Help in Colorado today for a free consultation. We’re here to handle all aspects of your claim and ensure you don’t miss out on compensation due to a technicality.