Statute of Limitations for Personal Injury Claims in Colorado

Statute of Limitations for Personal Injury Claims in Colorado

The statute of limitations for personal injury claims in Colorado is a critical aspect for anyone considering filing a lawsuit. According to Colorado law, the general statute of limitations for personal injury cases is two years from the date of the injury. This means that if you suffer an injury due to an accident, negligence, or intentional wrongdoing, you have two years from the incident date to file your claim in court.

Understanding the statute of limitations is essential because if you fail to file your claim within this timeframe, you may lose your right to seek compensation for your injuries. This includes medical expenses, lost wages, pain and suffering, and other damages related to your case.

However, there are exceptions and specific circumstances that can affect this two-year timeframe:

  • Discovery Rule: In some cases, the injury may not be immediately apparent. Colorado follows the discovery rule, allowing the statute of limitations to begin at the time the injured party discovers or should have reasonably discovered the injury. This can extend the filing period beyond two years in certain situations.
  • Minor Plaintiffs: If the injured party is a minor (under 18 years old), the statute of limitations is suspended until they reach adulthood. Thus, a minor has until their 20th birthday to file a personal injury claim.
  • Claims Against Government Entities: Different rules apply if you are filing against a government agency or employee. In these cases, you must usually file a notice of claim within 180 days of the incident, and then you have until the two-year mark to file the lawsuit.

It's important to consult with a knowledgeable personal injury attorney who understands Colorado's specific laws and can help navigate the legal landscape. An attorney can ensure all necessary actions are taken within the appropriate timelines, giving you the best chance of a successful claim.

In summary, the statute of limitations for personal injury claims in Colorado is primarily two years, but several factors could influence this timeline. Always stay informed and seek professional legal advice to protect your rights and pursue any claims effectively.