When you’ve been injured due to someone else’s negligence, time is more than just a factor in your recovery: it’s a legal requirement that could make or break your case. Colorado’s statute of limitations laws set strict time limits for filing personal injury claims, and missing these deadlines usually means losing your right to seek compensation.
Understanding these time limits is crucial for protecting your legal rights and ensuring you can seek justice. Whether you’ve been hurt in a car accident, slip and fall, or any other incident caused by negligence, knowing Colorado’s specific statute of limitations rules can help you take quick action to secure the compensation you deserve.
You may have heard of the term “statute of limitations,” but what does that really mean? The statute of limitations is a law that establishes the maximum time period you have to file a lawsuit after an incident occurs. In Colorado, C.R.S. § 13-80-102 sets the general statute of limitations for most personal injury claims at two years from the date of injury. This two-year deadline applies to various types of personal injury cases, including:
That two-year timeline typically starts on the date the injury occurred, not when you discovered the full extent of your damages or when you decided to pursue legal action. This means that even if you’re still receiving medical treatment or negotiating with insurance companies, the two-year deadline remains firm.
When considering the statute of limitations in a personal injury or wrongful death case, it is pertinent to understand and apply the action accrual date under C.R.S. § 13-80-108. This statute provides that a cause of action for injury to a person accrues on the date both the injury and its cause are known or should have been known by the exercise of reasonable due diligence.
Read More: Find Out Why You Need a Personal Injury Attorney After an Accident
While the standard two-year rule applies to most personal injury cases, Colorado’s statute of limitations law includes several important exceptions that could extend or modify your filing deadline. While the exceptions below do apply in some cases, it’s still critical to seek legal guidance from trusted lawyers at Bowman Law.
In most circumstances, the two-year statute of limitations does not apply to any tort action arising out of the use or operation of a motor vehicle in Colorado. These types of personal injury claims are set forth under C.R.S. § 13-80-101(n), which requires that these actions be commenced within three years after the cause of action accrues.
It is important to note that the three-year statute of limitations does not apply to cases involving strict liability, absolute liability, or failure to instruct or warn, as covered under C.R.S. 13-80-102(1)(b) or 13-80-106 (which governs claims against a manufacturer or seller of a product). It is equally important to note how Colorado statutes and case law may define a “motor vehicle” and the “use of operation” thereof. Specific facts can have an impact on the statute of limitations, and it is important to have an experienced attorney review your case to confirm the deadline.
In some cases, damages and losses aren’t immediately apparent. Colorado recognizes the “discovery rule,” which allows for additional time to bring a claim when the injury couldn’t reasonably have been discovered at the time it occurred or the connection between the injury and its cause wasn’t immediately clear.
Under C.R.S. § 13-80-108(8), the statute of limitations may begin when you discover, or reasonably should have discovered, both the injury and its cause. It is crucial to speak with an experienced injury attorney to fully understand whether the discovery rule can be applied to your claim.
Special protections exist for minors and individuals who lack legal capacity. For minors under 18, the statute of limitations typically doesn’t begin until they reach the age of majority. Those declared legally incompetent may have extended deadlines.
These extensions ensure vulnerable parties aren’t unfairly barred from seeking justice. If you think this exception might apply to you or a loved one, talk to your lawyer.
If the person responsible for your injury leaves Colorado or cannot be found in an attempt to avoid legal action, the time they spend out of state may not count toward the statute of limitations under certain circumstances, effectively pausing the clock until they return. Each case and state differs, however.
Seeking legal advice from compassionate personal injury lawyers is critical, even if you think one of these exceptions might apply to you. No one should navigate the complexities and stressors from an accident alone, and Bowman Law’s attorneys are ready to support you every step of the way.
Read More: Seeking a Personal Injury Lawyer? Ask Them These 10 Questions
As important as personal injury claims are, they are not all the same — and they don’t all follow the same timeline. Colorado law establishes different deadlines depending on the type of case and the parties involved.
If the claim involves suing government entities, this case requires following the Colorado Governmental Immunity Act, which has much shorter deadlines:
Wrongful death claims must be filed within two years under C.R.S. § 13-80-102. Note that the clock starts from the date of death, not necessarily the date of the incident that caused the death.
Product liability claims generally follow the two-year rule, but these may involve complexities when determining when the statute of limitations begins, especially in cases involving long-term exposure or delayed injury manifestation.
At Bowman Law, we know that the aftermath of an accident is already emotional and stressful as is, but time is still an important element you don’t want to overlook. Missing Colorado’s statute of limitations deadline typically has consequences that can’t be reversed. When you file a lawsuit after the deadline has passed, the defendant will likely raise the statute of limitations as a defense, and courts will typically dismiss your case entirely.
Once the statute of limitations expires, the following will likely occur:
While missing the deadline is usually problematic to your case, some extremely limited circumstances might save your claim. For example, the “fraudulent concealment exception” applies if the defendant actively hid their role in causing your injury. The “equitable estoppel exception” applies if the defendant’s actions prevented you from filing on time.
These exceptions are possible, but note that they are rarely successful and require strong evidence. Courts interpret them very narrowly, making it crucial to file within the original deadline whenever possible. In general, even if you believe you have grounds for an exception, proving it in court is challenging and expensive. Talk to your personal injury lawyer to discuss what the best course of action is for you.
Taking swift action is essential to protecting your legal rights and building the strongest possible case. As you explore next steps after suffering an accident, start by familiarizing yourself with the different Colorado statute of limitations laws.
Below is a simple checklist you can use to ensure you are taking action and avoiding any statute of limitations complications down the road:
The Colorado statute of limitations exists to ensure cases are filed while evidence is available and memories are fresh, but it can be unforgiving to those who wait too long. Don’t let time run out on your opportunity for justice and fair compensation. Talk to one of our compassionate, professional attorneys at Bowman Law today.
Read More: Need Help on Filing Your Personal Injury Claim? See Our Guide
Owner and Managing Attorney
Jerry Bowman, J.D., M.A., Owner and managing attorney of Bowman Law LLC, takes his responsibility to the legal profession seriously and dedicates his time and effort to providing quality and competent legal representation to clients in Denver and throughout all of Colorado. He holds an MA in Political Science from Wayne State University and earned his law degree in two and a half years from Michigan State University College of Law.
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