After a Colorado car accident, you deserve fair compensation for your injuries and losses. But a hidden danger – the statute of limitations – can steal that right away, often before you realize it. Colorado law sets strict deadlines, typically three years from your accident date, to file a lawsuit. Miss this deadline, and you lose your chance to recover damages, no matter how severe your injuries or how clear the other driver’s fault.
At McCormick & Murphy P.C., we’ve helped countless Colorado accident victims secure the compensation they deserve. With over 60 years of combined legal experience since 1995, we’ve recovered millions of dollars for our clients. We understand these deadlines intimately and act swiftly to protect your rights, ensuring you don’t become another victim of a missed filing period.
Colorado’s Strict Three-Year Filing Deadline: What You Need to Know
Colorado Revised Statutes Section 13-80-101 sets a three-year statute of limitations for most personal injury and property damage claims stemming from car accidents. This means you have a limited window – three years from the accident date – to file a lawsuit in court. Acting quickly is essential to preserve your legal options.
This deadline applies to:
- Personal injury claims for medical expenses, lost wages, and pain and suffering
- Property damage claims for vehicle repairs and personal belongings
- Claims against individual drivers, commercial vehicle operators, and most businesses
However, if you’ve lost a loved one in a car accident, the deadline for wrongful death claims is even shorter: two years from the date of death. This makes immediate legal advice even more important.
Deadlines Aren’t Always Simple: Exceptions You Must Know
While three years is the general rule, several exceptions can significantly change your filing deadline. Understanding these is essential, as misinterpreting them can cost you your claim.
The Discovery Rule: When Injuries Aren’t Immediate
Not all injuries are obvious right after an accident. Colorado’s “discovery rule” can extend your deadline, allowing the clock to start when you reasonably discover your injury and its connection to the accident. This is often relevant for:
- Traumatic brain injuries that develop symptoms weeks or months later
- Spinal cord injuries with delayed complications
- Internal injuries that weren’t initially diagnosed
- Psychological trauma like PTSD that emerges over time
This rule is complex and requires careful legal interpretation to apply correctly.
Protecting Minors and Those with Mental Incapacity
If you were under 18 when the accident occurred, your three-year deadline typically begins on your 18th birthday. Similarly, if your injuries result in mental incapacity, the statute of limitations may be “tolled” (paused) until you can understand your legal rights. These situations require specific legal steps to protect the injured party’s future.
Government Entity Claims: A Hidden 180-Day Deadline
A dangerous exception involves government entities. If your accident involved a government vehicle or a road hazard maintained by a government agency, you face a dramatically shorter deadline. The Colorado Governmental Immunity Act requires you to file a formal notice of claim within 180 days of the incident – not three years.
This short window often surprises accident victims and can permanently prevent valid claims against:
- City and county governments
- The Colorado Department of Transportation
- School districts
- Public hospitals and universities
If a government entity might be involved, immediate legal action is essential.
How Recent Changes Impact Your Potential Compensation
Colorado law is always evolving, and recent legislative updates significantly affect the potential value of car accident claims. We stay current on these changes to maximize our clients’ recovery.
Increased Non-Economic Damage Caps: As of January 1, 2025, the cap on non-economic damages (pain, suffering, disfigurement, etc.) increased to $1.5 million for accidents occurring in 2025 or later. This means seriously injured victims may now recover significantly more compensation for their non-financial losses.
Protecting Claims from Earlier Accidents: If your accident happened in 2023 or 2024, understanding the deadlines is even more critical. Filing your claim before 2026 can be essential to avoid lower damage caps that could reduce your recovery by hundreds of thousands of dollars. We can explain how these caps apply to your specific situation.
These changes reflect Colorado’s commitment to ensuring accident victims receive fair compensation that truly reflects their losses and keeps pace with economic realities.
Why Delaying Action Puts Your Claim at Risk
Beyond the statute of limitations, waiting to act on your claim creates several other problems that can severely limit your ability to recover fair compensation.
Insurance Companies Use Time Against You
Insurance adjusters are aware of the statute of limitations and often use it as a strategy. They may:
- Drag out settlement negotiations until your deadline approaches
- Request excessive documentation to consume time
- Make lowball offers just before your statute expires
- Suddenly become unresponsive as your deadline nears
While an insurance claim itself doesn’t have a hard deadline, relying solely on negotiations without preparing to file a lawsuit can be disastrous if talks stall as your three-year deadline approaches. We protect your right to sue.
Crucial Evidence Disappears
Every day that passes makes your case weaker. Physical evidence at the scene vanishes, witnesses’ memories become less reliable, and critical surveillance footage is often overwritten or deleted. Police reports become harder to access, and even medical records can be archived or destroyed, complicating your ability to prove your case.
Colorado uses a modified comparative negligence rule: if you are found more than 50% at fault for the accident, you receive no compensation. Insurance companies frequently try to assign blame to delay or deny claims. Delayed filing can be used to suggest your injuries weren’t serious or that you contributed to the accident. Prompt legal action sends a clear message about the seriousness of your injuries and your resolve to hold the at-fault party accountable.
Immediate Steps to Safeguard Your Claim and Future
Taking these actions quickly after an accident can significantly strengthen your case and protect your right to full compensation:
1. Document Everything from Day One
Your case begins at the accident scene. Thorough documentation provides critical evidence:
- Photographing all vehicles, injuries, and the accident scene
- Collecting contact information from all witnesses
- Obtaining a copy of the police report within 30 days
- Keeping detailed records of all medical treatment and expenses
- Maintaining a daily journal of your pain levels and limitations
2. Prioritize Immediate Medical Attention
Even if you don’t feel severely injured, see a doctor within 24-48 hours. Many serious injuries, like concussions or soft tissue damage, have delayed symptoms. Early medical records are crucial proof connecting your injuries directly to the accident and supporting your claim for treatment costs.
3. Contact an Experienced Attorney Within 30 Days
This is perhaps the most important step. The sooner you involve McCormick & Murphy P.C., the better we can protect your interests and maximize your recovery. Early legal involvement allows us to:
- Secure and preserve evidence before it’s lost.
- Handle all communications with insurance companies, allowing you to focus on healing.
- Identify all potential liable parties and sources of compensation.
- Begin building a strong, persuasive case from the start.
4. Never Accept the First Settlement Offer
Insurance companies often make quick, low settlement offers hoping you’ll accept before fully understanding the severity of your injuries or the long-term costs. Accepting an offer means giving up your right to seek more compensation later, even if your injuries worsen. Let us evaluate any offer to ensure it truly covers your present and future needs.
Your Trusted Advocates: Why McCormick & Murphy P.C. Stands Apart
When your future is on the line, you need a legal team that acts decisively. Since 1995, McCormick & Murphy P.C. has helped Colorado accident victims recover millions of dollars, ensuring they receive justice and fair compensation. Our approach is built on the understanding that every moment counts in securing your claim.
A History of Success: We don’t just react; we proactively protect your rights. Our proven history includes securing significant compensation for clients facing a wide range of injuries, from soft tissue damage to severe spinal cord injuries. We possess deep knowledge of Colorado law, including the latest legislative changes impacting claims.
Local Presence, Statewide Reach: With offices at 929 W Colorado Ave, Colorado Springs, and serving clients from our Denver and Pueblo locations, we are accessible to injured individuals across Colorado. We are your neighbors, dedicated to helping our community.
Staying Ahead: How Market Trends Impact Your Claim
The world of car accident claims is constantly evolving. We keep a close eye on these trends to ensure your case is prepared for today’s realities:
Higher Potential for Compensation: The new $1.5 million cap on non-economic damages means that for severe injuries, the potential for recovery is greater than ever before. We work to ensure your claim reflects the full extent of your losses under these new guidelines.
Evidence from Technology: Modern vehicles and devices generate extensive data (dash cams, black boxes, phone GPS). This information can be powerful evidence, but it’s perishable. We act quickly to secure and analyze this data before it’s lost.
Advanced Insurance Tactics: Insurance companies are increasingly using sophisticated data analytics and AI to reduce payouts. This makes having an experienced legal team, skilled in countering these tactics, more important than ever to protect your financial recovery.
Escalating Healthcare Expenses: Medical costs continue to rise. We ensure all your current and future medical expenses are thoroughly documented and accounted for in your claim, providing you with long-term financial security.
Don’t Let Your Right to Compensation Slip Away
Every day that passes after your car accident brings you closer to the statute of limitations deadline. While three years may seem like a long time, building a strong, successful case requires immediate action and dedicated effort. Insurance companies count on delays working in their favor.
If you’ve been injured in a Colorado car accident, don’t risk your financial future. Contact McCormick & Murphy P.C. today for a free, no-obligation consultation. We will review your situation, explain your legal options, and outline a clear path forward to secure the compensation you need for your recovery.
Take Action Now: The clock is already ticking. The decision isn’t about if you have time, but whether you will use that time to protect your rights and secure the compensation you deserve. Let us handle the legal complexities so you can focus on healing.
Get Your Free Case Review Today
Call us at (719)-389-0400 or email us at [email protected].
Understanding “Discovery” and Its Impact on the Statute of Limitations
As we discussed earlier, Colorado’s “discovery rule” can influence when your statute of limitations begins. This rule is particularly relevant when injuries or their connection to the accident are not immediately apparent. For a deeper explanation of how this exception might apply to your case, please refer back to “The Discovery Rule: When Injuries Aren’t Immediate” section above, or better yet, contact us for a personalized assessment. Interpreting this rule correctly is essential for protecting your claim.
Special Considerations for Uninsured/Underinsured Motorist (UM/UIM) Claims
Colorado drivers are required to carry uninsured motorist (UM) and underinsured motorist (UIM) coverage. These policies protect you if the at-fault driver has no insurance (UM) or insufficient insurance (UIM) to cover your losses. However, pursuing these claims introduces another set of deadlines and specific requirements.
Generally, you have three years from the accident date to file a UM/UIM claim with your own insurance company. But the nuances are significant. For instance, if you first pursue the at-fault driver and only later realize their coverage is inadequate, you may have a limited window to initiate your UIM claim. Your insurance policy will contain specific language that needs expert interpretation.
A central step is often “exhausting” the at-fault driver’s policy limits before your UIM coverage can kick in. This process involves specific legal procedures. Our attorneys guide you through these steps, ensuring you meet all deadlines and maximize recovery from all available insurance policies, including your own.
The Role of Minors and Individuals with Disabilities
We previously touched upon how the statute of limitations is “tolled” (paused) for minors and individuals with certain legal disabilities. For minors, the clock generally starts on their 18th birthday, while for those with incapacitating injuries, it pauses until their condition stabilizes. These are complex situations requiring specific legal strategies to ensure the injured party’s rights are fully protected. For more details, see “Protecting Minors and Those with Mental Incapacity” above, and always consult with an attorney to understand the specific rules affecting such claims.
Protecting Your Evidence: A Critical Step We Manage
As discussed, evidence is the backbone of your claim, and its preservation is paramount. While we encourage immediate documentation, our team steps in to ensure no critical piece of evidence is overlooked or lost. We understand how quickly evidence can disappear or degrade, and we act fast.
We work to secure and analyze:
- Accident Scene Details: Photographs, videos, and measurements from the scene.
- Witness Statements: Contacting and interviewing witnesses while their memories are fresh.
- Official Reports: Obtaining and scrutinizing police reports and other official documentation.
- Medical Records: Systematically collecting all treatment records, diagnoses, and billing statements.
- Lost Wage Documentation: Gathering proof of income loss and future earning capacity.
- Vehicle Data: Accessing and interpreting data from event data recorders (EDRs) when available.
Beyond collection, we advise you on what not to do – like making statements to opposing insurance companies or repairing your vehicle prematurely – to prevent unintentional harm to your case. Our goal is to build an undeniable foundation for your claim.
When to Secure Your Legal Advocate: Don’t Delay
The complexities of Colorado’s statute of limitations, coupled with insurance company tactics and the need to preserve evidence, make early legal representation indispensable. While the information here is a guide, your specific situation requires personalized legal advice. The best time to consult with an experienced car accident attorney is immediately after your accident.
McCormick & Murphy P.C. acts swiftly to:
- Clarify the specific deadlines that apply to your unique case.
- Conduct a thorough investigation and gather all necessary evidence.
- Shield you from aggressive insurance company tactics and handle all communications.
- File lawsuits when necessary to protect your right to compensation.
- Represent your interests with strength and skill, in or out of court.
Waiting jeopardizes your claim. By contacting us early, you empower yourself to focus on healing while we tirelessly work to secure the just compensation you deserve.
Your Future Compensation Depends on Action – Now.
The Colorado statute of limitations is more than just a legal deadline; it’s a gatekeeper to your financial recovery after a car accident. Missing it means losing your opportunity for compensation – for medical bills, lost income, and the pain and suffering you’ve endured. While the three-year rule is common, the exceptions for wrongful death, government claims, the discovery rule, or cases involving minors or UM/UIM coverage can drastically alter your timeline.
At McCormick & Murphy P.C., we simplify this complexity for you. We act quickly to secure evidence, manage intricate legal requirements, and aggressively advocate for your rights. Our goal is to provide you with peace of mind and the full compensation you deserve, allowing you to focus solely on your physical and emotional recovery.
Don’t let deadlines, insurance tactics, or legal technicalities stand between you and your rightful compensation. Your future, your health, and your financial stability are too important to risk.
Ready to protect your claim?
Get Your Free, Confidential Case Review
Contact McCormick & Murphy P.C. today at (719)-389-0400 or email us at [email protected]. Let us help you secure your future.
