Statute Of Limitations For Personal Injury In Colorado
Like all states, Colorado has a statute of limitations for filing a personal injury case, which is 2 years, after which you may not be able to bring it to court at all. In most cases, the clock begins to run on the date you were injured. Injuries, however, are not always evident. As such, the 2 year time-frame begins on the date of discovery, or when the plaintiff is aware or should be aware that injuries were sustained. If the defendant is the state of Colorado, or a city or county, a plaintiff has 180 days to file a formal claim and 2 years to file the personal injury lawsuit.
In the case of motor vehicle accidents, the statute of limitations is 3 years and begins immediately after the accident occurs. Another exception to the statute of limitations in Colorado is known as tolling. Tolling refers to a variable outside of the plaintiff’s control, which is preventing the case from proceeding. In such circumstances, a case may be put on pause for an indefinite amount of time until the impediment is resolved. Some examples that qualify for tolling in a personal injury case include:
- Defendant is bankrupt.
- Victim is a minor.
- Victim is not mentally competent.
In order to toll the statute of limitations, a plaintiff must file a lawsuit.
The Denver Trial Lawyers handle a wide range of personal injury cases, including premises liability, medical malpractice, spinal cord injury, gross negligence, product liability and more. Since our founding in 2003, we have represented thousands of clients and obtained over $300 million in compensation for their injuries. We have over 175 years of collective experience and many of our personal injury lawyers hold records for largest verdicts obtained in certain areas of practice.
For a free case evaluation, call us at 303-586-3638.