Understanding the Colorado personal injury statute of limitations is essential if you’ve been injured and are considering legal action. Colorado law sets strict deadlines, known as statutes of limitations, that determine how long you have to file a lawsuit after an injury occurs. Missing these deadlines can mean losing your right to pursue compensation entirely.
What Is a Statute of Limitations?
A statute of limitations is the period of time allowed to elapse between when a legal claim arises and when a lawsuit based on that claim must be filed. In Colorado, this concept is formally referred to as “limitation of actions.” Think of Colorado’s limitation of actions law as the Swiss cheese of laws; there are some clear, bright-line rules, but also many, many exceptions.
The General Rule: Two Years
For most negligence-based personal injury claims in Colorado (such as a slip and fall on ice or snow, a dog bite, or the transmission of a sexual disease), the statute of limitations is two years from the date the injury arose and was known.
Motor Vehicle Accidents: Three Years
Despite the general two-year rule, any negligence claim arising out of the use or operation of a motor vehicle carries a three-year statute of limitations. This applies even when general negligence standards are used to determine fault.
Other Notable Exceptions
Colorado law carves out several additional exceptions worth knowing:
Dram Shop Act
When a vendor of alcoholic beverages overserves a patron and another person is injured as a result, a one-year statute of limitations applies, which is shorter than the general rule.
Land Surveyors
Negligence claims against land surveyors carry a three-year statute of limitations.
Licensed Professionals
Special rules apply to claims involving licensed professionals such as attorneys and physicians, which may differ from the standard two-year period.
Government Entities: A Critical 182-Day Deadline
If your injury was caused by a governmental entity, additional and often unknown timelines apply. Despite a government entity’s general immunity, if an applicable exception exists, you must provide written notice to the proper governmental entity within 182 days of discovering the injury. This deadline is separate from (and often shorter than) the standard statute of limitations, and missing it can be fatal to your claim.
Federal entities introduce yet another layer of complexity, as federal law may impose an entirely different set of limitation of actions rules.
When Does the Clock Start?
Another critical issue is determining exactly when the statute of limitations begins to run. In Colorado, the clock starts on the date that both the injury and its cause are known, or reasonably should have been known. In cases where an injury is not immediately apparent, such as a mold exposure case involving negligence, the question of when the statute of limitations begins can itself become a contested issue in litigation.
Contact a Colorado Personal Injury Attorney Today
Given the complexity of Colorado’s limitation of actions laws and the severe consequences of missing a deadline, consulting with an experienced personal injury attorney as soon as possible after an injury is critical. Contact Law One today at 303-831-8313 to schedule a free consultation.
