It may seem like time stops right after you suffer a serious personal injury, but the time you have to sue for a personal injury in Colorado does not. There are strict time limits that apply to Colorado personal injury lawsuits. If you wait too long after an accident to seek compensation for your losses, you can lose your right to seek damages altogether and deprive yourself of the money and resources that could have helped you recover from your injuries.
That is one of the biggest reasons to contact an experienced Colorado Springs personal injury lawyer as soon as possible after your accident. Meeting with a lawyer does not necessarily mean that you’ll be filing a lawsuit, and it does not mean that you’ll be paying any attorneys’ fees. Most Colorado Springs personal injury law firms like King & Beaty offer free consultations.
What it does mean is that you are taking a crucial step to protect yourself and your rights before the expiration of Colorado’s statute of limitations in personal injury cases.
What is a “Statute of Limitations”?
A statute of limitations is a law that sets forth the period within which you must file a lawsuit for a particular claim. If you file a lawsuit after the applicable statute of limitations has passed, it will be dismissed.
In Colorado, different types of lawsuits have different limitations periods. For example, if you were suing someone for breach of contract in Colorado, you would need to file your lawsuit within three years after the alleged breach occurred. If you wanted to sue someone for libel or slander, however, you would need to do so within one year.
Two-Year Statute of Limitations for Colorado Personal Injury Lawsuits
Injury lawsuits in Colorado, such as those arising from slip and fall accidents, premises liability, and non-motor vehicle accidents must be filed within two years after the accident or incident that caused the injury. This includes claims for compensation arising out of a wrongful death lawsuit.
Three-Year Statute of Limitations for Colorado Car Accident Lawsuits
The big exception to the two-year statute of limitations for personal injury claims is for injuries arising from motor vehicle accidents. A person injured in a car accident, tractor-trailer or semi-truck accident, or motorcycle accident must sue for personal injury within three years of the crash. Wrongful death claims arising from a motor vehicle accident still must commence within the two-year statute of limitations, however.
The “Discovery Rule”
In the vast majority of personal injury cases, the clock starts ticking on the limitations period for suing at the moment the accident or incident occurs. But there are certain circumstances which can extend the time within which an injury victim can sue for personal injury in Colorado.
One of the most common situations is when the “Discovery Rule” applies. When an injury arising from an accident doesn’t become apparent until many months or even years later, the statute of limitations will begin running from the time the injury is discovered or reasonably should have been discovered.
“Tolling” of the Statute of Limitations in Personal Injury Lawsuits
In addition to the “Discovery Rule,” other circumstances may allow for the start date of a limitations period to be delayed – or “tolled” – in a personal injury lawsuit.
For example, if an injury victim is legally incompetent or under the age of 18, which means that they cannot legally file a lawsuit on their own behalf, the statute of limitations period will be tolled until the victim turns 18 or when the victim regains their mental competence.
If the person responsible for the accident and injuries is not in Colorado and not subject to service of the lawsuit or has concealed themselves, the statute of limitations will not begin to run until the person comes back to Colorado or while he or she remains concealed.
Extremely Short Time to Sue for Personal Injury Against the Government
Different rules and time limits apply to personal injury claims against a government entity, such as a slip and fall in a government building or a car accident involving a garbage truck.
In such cases, you must file a claim with the appropriate government agency within 180 days of the date of the accident or injury to preserve your right to seek compensation. Other specific and strict rules apply to claims against the government, and failure to follow these rules, even if your claim is timely, can doom your ability to hold the government accountable for your injuries.
As the best personal injury attorneys in Colorado Springs will tell you, the best way to protect yourself and ensure that you do not lose your right to obtain compensation for your injuries is to meet with a Colorado personal injury attorney as soon as you can after your accident. If you wait too long to do so, you could find yourself out of luck.
Speak to a Colorado Springs Personal Injury Attorney
The good news is that, if you want a consultation from a personal injury lawyer, you’ll pay nothing in fees until you get compensation. This is called a contingency fee, and you will only pay the contingency fee from money received from the at-fault party in the personal injury lawsuit. This is a normal pay structure for Colorado personal injury lawyers.
King & Beaty specializes in personal injury lawsuits. Contact us to schedule your free consultation with a Colorado Springs injury lawyer to determine if you have a case.
Call (719) 505-9999
