How Long Do I Have to Bring My Colorado Personal Injury Case?

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When you suffer an injury due to someone else’s fault in Colorado, you have a deadline to bring your case. This time limit is governed by what’s known as the “statute of limitations.” Colorado’s statute of limitations sets the maximum time after an event within which legal proceedings may be initiated. When the period specified in a statute of limitations passes, the injured party can no longer sue to recover damages. 

Purposes of the Statute of Limitations

The statute of limitations serves several important purposes in Colorado’s legal system:

1. Preservation of Evidence

Over time, evidence may deteriorate or become lost, and witnesses’ memories may fade. By imposing a deadline for filing lawsuits, statutes of limitations aim to ensure that cases are brought when evidence is still available and reliable.

2. Fairness to Defendants

Statutes of limitations provide potential defendants with the comfort of knowing that they will not face legal actions indefinitely. This is especially important for personal integrity and business planning, as it limits the period during which they must preserve records and remain prepared for disputes.

3. Judicial Efficiency

These time limits also help maintain efficiency within the Colorado judicial system. For the 2024 fiscal year, Colorado’s county and district courts saw over 500,000 cases filed. As of writing, there are only 442 Colorado judges and magistrates available to hear these cases. That means each judge oversees approximately 1,130 cases per year. Statutes of limitations discourage the filing of stale claims that might otherwise clog up court dockets and consume judicial resources. Colorado court backlogs can have several negative effects on the legal system and the broader community; such as delayed justice, increased costs, erosion of public stress, and economic strain on litigants.

4. Promotion of Prompt Action

By setting a deadline, Colorado statutes of limitations encourage those who are injured to pursue their claims diligently and without unnecessary delay. This prompt action aids in the swift administration of justice and resolution of claims, which benefits all parties involved and the legal system as a whole.

5. Psychological Closure

Statutes of limitations also serve a psychological purpose by providing a sense of closure to potential defendants once the limitation period has passed. This allows individuals and businesses to move forward without the looming possibility of old actions being brought against them years after the fact.

Colorado Statute of Limitations for Personal Injury Lawsuits

In Colorado, the statute of limitations varies depending on the type of personal injury claim. Here are some common types:

1. Auto Crashes

For injuries resulting from auto accidents, Colorado law requires that a lawsuit be filed within three years from the date of the accident. This includes cases involving cars, trucks, motorcycles, and other types of motor vehicles.

2. Medical/Dental Malpractice

Colorado claims for medical malpractice must generally be filed within two years from the date the injury was or should have been discovered. However, Colorado imposes a statute of repose, meaning that no claim can be brought more than three years after the act of malpractice, unless:

  • there is evidence of concealment;
  • a foreign object left in the body;
  • the injured patient did not know about the injury or its cause and could not have reasonable discovered both;
  • the injured patient was a minor.

3. Premises Liability (Slip and Fall)

For injuries incurred on someone else’s property (such as slip and fall accidents), the lawsuit must be filed within two years of the injury.

5. Wrongful Death

Wrongful death claims must be filed within two years of the date of death, which may differ from the date the injury occurred that ultimately led to the death.

Importance of Timely Action

It is important to act swiftly if you believe you have a claim for personal injury in Colorado. Failing to file within the specified window can completely bar your right to recover any compensation for your injuries. Consulting with a qualified Colorado personal injury attorney as soon as possible after an injury can help ensure that your legal rights are preserved.

At Hoffman Law Firm PC, we specialize in navigating the complexities of Colorado personal injury law. If you or a loved one has been injured, don’t hesitate to contact us to discuss your case and determine how best to proceed within the statutory guidelines.