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If you suffer a preventable injury due to someone else’s wrongful behavior in Colorado, you have two years from the date of the injury to file most personal injury lawsuits. However, the time limit is three years for lawsuits stemming from car accidents.
Missing these deadlines could mean sacrificing your right to seek compensation for your injuries. Acting quickly after an injury is essential to gather evidence and build a strong case. A Colorado injury lawyer can help you understand your rights and meet all necessary deadlines for your claim.
What Types of Personal Injury Claims Fall Under the Two-Year Time Limit?
Most personal injury cases fall under the standard two-year time limit in Colorado, including injury cases involving:
- Premises liability – Injuries that occur on properties where owners neglect proper maintenance or fail to warn visitors of potential hazards
- Slip and falls – Slip and fall injuries resulting from unattended spills, uneven surfaces, broken steps, or other property hazards
- Defective products – Injuries from defective products such as malfunctioning appliances, unsafe children’s toys, or dangerous medical devices
- Medical malpractice – Negligence or harm from healthcare providers, hospitals, doctors, and other caregivers
- Wrongful death – Tragic accidents caused by someone’s negligence or wrongful acts resulting in someone’s death
- Spinal injuries – Spinal cord injuries stemming from incidents like falls or sports accidents
- Brain injuries – Injuries that result from direct or indirect trauma to the brain
- Burn injuries – Thermal, friction, chemical, electrical, or radiation burns
- Dog bites – Physical and psychological injuries from dog bites and other animal attacks
Is the Statute of Limitations in Colorado the Same for Motor Vehicle Accidents?
Colorado has a separate statute of limitations for injury lawsuits involving motor vehicle accidents. For these cases, you have three years from the accident date to file a car accident lawsuit. In cases of hit-and-run vehicular homicide, the deadline is extended to four years from the date of death.
Are There Exceptions to Colorado’s Statute of Limitations Time Limit?
There are several important exceptions to the Colorado statute of limitations for personal injury claims. These exceptions can extend or shorten the time limits for filing a lawsuit. Here are some key exceptions you should know:
- The discovery rule – Sometimes, you might not immediately realize that an injury occurred or that someone else’s actions caused it. In such cases, the filing window begins when you discover or should have reasonably discovered the injury. The discovery rule allows you to file a claim within two years from the date you discovered the injury rather than the date it occurred.
- Intentional torts – The statute of limitations differs for injury cases involving someone who intentionally harms you. Claims involving intentional torts, such as assault or battery, typically have a one-year time limit.
- Legal disabilities – Colorado law provides extensions for injured parties who are legally disabled. This includes minors, mentally incompetent individuals, and others who have no representative to act on their behalf. For minors, the filing window does not begin until they turn 18. For mentally incompetent individuals, it does not start until they regain competence. For a legally disabled person without a representative, it does not begin until they have one.
- Absence of a liable party – If the person who caused your injury leaves the state or goes into hiding, the deadline can be extended. This extension aims to give you enough time to file a claim once you locate the liable party. The “clock” essentially stops running while the person is absent from the state or hiding and resumes once they return or are found.
- Government tort claims – Different rules apply if your injury involves liable public or government entities and employees. In Colorado, you must file a notice of claim with the appropriate agency within 182 days of the injury. This notice informs the government of your intent to seek compensation. After filing the notice, you generally have two years to sue.
Why Does Colorado Have a Statute of Limitations for Personal Injury Claims?
All states, including Colorado, have statutes of limitations for personal injury claims to ensure fairness and efficiency in the legal process. These laws encourage people to file their lawsuits promptly while evidence is fresh and witnesses’ memories are clear. Filing a claim soon after an injury allows courts to make more accurate decisions based on recent and reliable information.
The Colorado statute of limitations also protects defendants from facing lawsuits after a long time has passed. This prevents unfair situations where someone could face a lawsuit years after an injury accident, when gathering evidence or recalling events accurately becomes difficult. Legal time limits balance the rights of the injured parties and the need for a fair defense.
What Happens If My Lawsuit Is Not Filed Before the Statute Deadline?
If you do not file your Colorado personal injury lawsuit before the applicable filing deadline, you could lose the right to pursue your claim in court. This means you would be unable to seek compensation for your medical bills, lost wages, and other losses related to the incident. If you try to sue after the deadline, the court will likely dismiss your case, leaving you with no legal recourse to hold the responsible party accountable.
Missing the statutory filing deadline can have significant consequences for your financial and personal well-being. The best way to protect your rights and avoid missing important deadlines is to contact a lawyer as soon as possible after your injury. They can help you understand the specific deadlines that apply to your case and guide you through the legal process. Quick action will give your lawyer plenty of time to gather evidence, build a strong case, and demand a fair recovery on your behalf.
Contact a Colorado Personal Injury Lawyer
Don’t let a missed deadline affect your ability to seek justice. Contact The Wilhite Law Firm today for a free initial consultation. Our experienced personal injury attorneys are here to help you understand your rights and take the necessary steps to pursue the compensation you deserve. Call us now to get started on your path to recovery.
