The statute of limitations is a legal deadline for filing a personal injury lawsuit in Colorado. If the deadline expires before a lawsuit is filed, the court will typically dismiss the case and the injured party loses the right to pursue compensation. These deadlines vary depending on the type of injury claim and the circumstances involved.
General Personal Injury Statute of Limitations
Under Colorado law, most personal injury claims based on negligence must be filed within two years of the date of injury. This two-year period applies to claims including:
- Slip and fall accidents on another's property
- Dog bite injuries
- Product liability claims
- Traumatic brain injuries from negligence
The statute begins to run—or "toll"—on the date the injury occurred. It is critical to consult with a knowledgeable attorney. SOLs can be different for public entities like cities, counties, and the state.
Motor Vehicle Accident Statute of Limitations
Colorado imposes a three-year statute of limitations for claims arising from the use or operation of a motor vehicle. This longer deadline applies to:
- Car accidents
- Motorcycle crashes
- Truck collisions
- Pedestrian accidents involving vehicles
- Bicycle accidents caused by motor vehicles
The three-year period generally begins on the date of the collision. Both personal injury claims and property damage claims arising from motor vehicle accidents are subject to this three-year limit.
Wrongful Death Statute of Limitations
When a personal injury results in death, the estate or surviving family members must file a wrongful death action within two years of the date of death. This deadline applies regardless of whether the death resulted from a motor vehicle accident, medical malpractice, premises liability incident, or other form of negligence.
The two-year period begins on the date of death, not necessarily the date of the underlying injury or accident. In cases where death occurs days, weeks, or months after the initial incident, the wrongful death statute of limitations starts when the person passes away.
Discovery Rule Exception
In limited circumstances, Colorado recognizes the "discovery rule," which delays the start of the statute of limitations until the injured party discovers—or reasonably should have discovered—the injury and its cause. This exception most commonly applies in medical malpractice cases, where internal injuries or negligent treatment may not be immediately apparent.
The discovery rule does not apply to most straightforward injury cases where the harm and its cause are obvious at the time of the accident. Courts apply this exception narrowly and require evidence that the injury or its negligent cause could not have been discovered through reasonable diligence.
Tolling for Minors
When the injured party is a minor (under 18 years of age), Colorado law tolls the statute of limitations until the child reaches the age of majority. The applicable statute of limitations—whether two years or three years—begins to run on the minor's 18th birthday.
For example, if a child is injured in a slip and fall accident at age 10, the two-year statute of limitations does not begin until the child turns 18. The lawsuit must be filed before the child's 20th birthday.
This tolling provision ensures that minors, who cannot file lawsuits on their own behalf, do not lose their legal rights due to the passage of time during childhood.
Mental Incapacity Tolling
Colorado law also tolls the statute of limitations when the injured party is mentally incapacitated at the time the cause of action accrues. Mental incapacity typically means the person lacks the ability to understand the nature of their legal rights or to make decisions regarding legal proceedings.
Once the mental incapacity ends, the statute of limitations begins to run. Courts examine the specific facts of each case to determine whether mental incapacity existed and when it ceased.
Defendant Absence from Colorado
If the defendant leaves Colorado after the cause of action arises but before the lawsuit is filed, the time during which the defendant is absent from the state may not count toward the statute of limitations. This tolling provision prevents defendants from running out the clock by fleeing the jurisdiction.
The plaintiff must demonstrate that the defendant was absent from Colorado and that service of process could not be effectuated during that absence.
Claims Against Government Entities
Claims against Colorado governmental entities are subject to additional procedural requirements under the Colorado Governmental Immunity Act. Before filing a lawsuit, an injured party must provide written notice to the public entity within 182 days of the injury. This notice requirement is separate from and in addition to the statute of limitations.
Failure to provide timely notice can bar the claim entirely, even if the statute of limitations has not expired. After proper notice is given, the injured party must still file suit within the applicable statute of limitations period.
Insurance Claims vs. Lawsuit Deadlines
It is important to distinguish between insurance claim deadlines and the statute of limitations for filing a lawsuit. Many insurance policies require notice of a claim within a certain time period—often 30 days or as soon as practicable. Failing to notify an insurer promptly can jeopardize coverage, but it does not necessarily affect the statute of limitations for a lawsuit.
Conversely, settling an insurance claim or receiving payment from an insurer does not stop the statute of limitations from running on potential claims against other parties or for damages not covered by the settlement.
Why Statutes of Limitations Exist
Statutes of limitations serve several purposes in the legal system. They encourage prompt filing of claims while evidence is fresh and witnesses are available. They provide certainty to potential defendants, allowing them to move forward without the indefinite threat of litigation. They also promote judicial efficiency by preventing the courts from being burdened with stale claims based on faded memories and lost evidence.
While these deadlines may seem harsh, especially when an injured person is focused on medical recovery, they are firmly enforced by Colorado courts. Missing a statute of limitations deadline almost always results in dismissal of the case, with no opportunity to recover compensation regardless of the merits of the claim.
Importance of Timely Action
Because the statute of limitations is an absolute bar to recovery if missed, injured parties should consult with legal counsel as soon as possible after an accident. Early consultation allows time for investigation, evidence preservation, witness interviews, and case preparation—all of which strengthen the eventual claim.
Waiting until the statute of limitations is about to expire leaves little time for thorough case development and increases the risk of missing the deadline due to unforeseen complications or procedural issues.
Calculating Deadlines Accurately
Determining the exact statute of limitations deadline requires careful analysis of the type of claim, the date of injury, and any applicable exceptions or tolling provisions. Colorado uses specific rules for counting days and months, and holidays or weekends can affect filing deadlines.
Because miscalculating a deadline can result in permanent loss of legal rights, injured parties should not rely on informal advice or general information. A thorough review of the specific facts and circumstances by an attorney familiar with Colorado procedural rules is essential.
If you have been injured in an accident in Colorado, understanding the statute of limitations that applies to your case is critical. McCormick & Murphy represents injury victims throughout Colorado, including in Colorado Springs and surrounding areas. Our firm provides free consultations to evaluate your claim and explain the deadlines that apply. We handle personal injury cases on a contingency fee basis, meaning there is no attorney fee unless we recover compensation for you. Contact us today to discuss your case and protect your legal rights.