What is the Statute of Limitations in Colorado for Personal Injury?

If You Snooze On Your Right To Seek Compensation, You Can Lose Everything

If you are injured in an accident through no fault of your own and plan to seek compensation for your injuries, you will need to pay attention to the statute of limitations in Colorado. Strict time limits apply to Colorado personal injury lawsuits. If you wait too long after an accident to file your injury lawsuit, you can lose your right to seek and obtain damages entirely, depriving yourself and your family of money that you need and deserve.

This time limit on initiating legal proceedings is why you need to speak with an experienced Colorado Springs personal injury attorney as soon as possible after your injury or accident. Remember that contacting a lawyer does not necessarily mean that you are filing a lawsuit. And speaking with an injury attorney won’t cost you anything either; Colorado Springs personal injury law firm King & Beaty, LLC offers free initial consultations.

But whether or not you decide to seek compensation through a lawsuit, speaking with a lawyer as soon as possible after your injuries are sustained means that you are taking a crucial step to protect yourself and your rights to recover damages for your injuries.

What is a “Statute of Limitations” in Colorado?

Simply put, a statute of limitations is a legal way of saying “if you don’t use it, you lose it” when it comes to timeliness filing a lawsuit. This type of statute is a law that establishes the time within which a person can file a case in court. Different types of lawsuits have different time limitations established by Colorado law.

If you file a lawsuit after the expiration of the applicable statute of limitations, the case will likely be dismissed, and the aggrieved individual will never be able to pursue their claim or recover a single dime in damages.

Two-Year Statute of Limitations In Colorado For Personal Injury Lawsuits

In many types of Colorado accident and injury cases, the individual who wants to seek compensation for their injuries and losses must file their claim within two years after the accident or incident that caused the injury. This two-year statute of limitations in Colorado applies to injuries sustained in the following incidents:

• slip and fall accidents
• acts of medical malpractice
• premises liability matters
• product liability cases
• wrongful death

Related: Am I a Good Candidate To File a Personal Injury Lawsuit in Colorado Springs?

Three-Year Statute of Limitations In Colorado For Car Accident Lawsuits

One significant exception to the general two-year statute of limitations in Colorado for personal injury lawsuits relates to car and other motor vehicle accidents. In this case, an individual injured in a car, truck, or motorcycle accident must file lawsuits for compensation within three years of the crash.

However, wrongful death claims arising from a motor vehicle accident must still commence within the two-year statute of limitations.

“Tolling” of the Statute of Limitations in Colorado

Colorado Law also provides for circumstances that may be cause for delaying – or “tolling” –  the start date of a limitations period in a Colorado personal injury lawsuit. For example, an injury victim who is legally incompetent or who is under the age of 18 at the time the injuries were sustained cannot file a civil lawsuit on their own behalf in Colorado. In such cases, the statute of limitations will be tolled until the victim regains their mental competence or becomes of legal age, which is 18 years in Colorado. 

If the party responsible for the accident and injuries is not in Colorado, is not subject to service of the lawsuit, or has concealed themselves, the clock on the statute of limitations will start ticking until the person returns to Colorado or they have been located by the plaintiff. 

The “Discovery Rule”

In the vast majority of personal injury cases, the clock starts ticking on the limitations period at the moment the accident or incident occurs. But certain circumstances can extend the time within which an injury victim can file a personal injury lawsuit.

For instance, when an injury arising from an accident doesn’t become apparent until many months or even years later, the “Discovery Rule” may apply. This Rule lengthens the period of time on the statute of limitations so that it begins running from the time the injury is discovered or reasonably should have been discovered.

Injured By a Government Vehicle or On Government Property? You Need To Act Even Faster

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 government-owned vehicle.

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. This is not the only difference between seeking compensation from private individuals or insurance companies and governmental entities. Other specific and strict rules apply to claims against the government. Failure to follow these rules, even if your claim is timely, can doom your ability to hold the government accountable for your injuries. If this is your situation, you need to consult with a personal injury attorney as soon as possible.

King & Beaty: Colorado Springs Personal Injury Lawyers

If you need a personal injury attorney, the experienced Colorado Springs injury attorneys at King & Beaty welcome the opportunity to learn more about you and your accident and explore how we may assist you. We have helped countless clients up and down the Front Range get the compensation they need to move forward with their lives. Please contact us today to arrange for your free initial consultation.