Statute of Limitations on Personal Injury Claims
Jan. 11, 2023
If you have been injured because of the negligence of another, you may be wondering what your legal rights are and what the statute of limitations is for filing a personal injury claim in Colorado. Understanding the statute of limitations is important as it can impact your ability to file a claim.
Learn more about the statute of limitations on personal injury claims in Colorado before it is too late. Our personal injury attorney at Landry Law, P.C. can explain everything you need to know about Colorado laws surrounding personal injury cases, including the statute of limitations, and help you navigate the claims process from start to finish.
With offices in Lone Tree and Trinidad, Colorado, we serve injured victims throughout the state, including Denver, Castle Pines, Castle Rock, and Douglas County. Call us today to set up a free consultation and discuss your case.
Statute of Limitations for Personal Injuries in Colorado
The statute of limitations is a deadline set by law that determines how long the plaintiff (the injured person) has to bring a lawsuit against someone who has caused them harm. In Colorado, the general rule is that an individual has two years from the date of their injury to file a personal injury lawsuit. This two-year limit applies to any type of personal injury claim, including auto accidents, medical malpractice, dog bites, and premises liability claims.
Knowing and understanding your rights under Colorado’s statute of limitations for personal injuries can help ensure that you do not miss out on any potential compensation you may be entitled to after being harmed due to someone else’s negligence.
I’ve Missed the Filing Deadline. Now What?
In most cases, missing the statute of limitations in Colorado will result in your case being dismissed. This means that even if you have a valid claim or dispute, the court won’t hear it because you missed the deadline for filing a suit.
This can be incredibly frustrating as this might mean that you are no longer entitled to compensation for your injuries and losses. However, even if your case does not get dismissed and goes to trial without meeting the statute of limitations requirement, then your chances for winning are significantly decreased as the opposing party can argue that your claim is invalid due to not meeting the deadline.
Furthermore, missing the statute of limitations may affect any settlement negotiations between parties as well. Since one party missed their opportunity to file suit when they were supposed to do so, they might now lack leverage when negotiating with other parties because they cannot threaten to sue them anymore.
Exceptions to the Statute of Limitations in Colorado
In some cases, there are exceptions to this two-year limitation period. For example, if an injured person was not aware that their injury was caused by another person’s negligence until after the two-year period had expired, they may still be able to file a lawsuit within two years from the time they became aware or should have become aware that their injury was caused by someone else’s fault. This is known as the “discovery of harm” rule.
Another exception is when a minor is injured. In such cases, the statute does not begin running until they turn eighteen. The same rule applies if the injured victim was disabled or mentally ill at the time of the accident.
It is also important to note that in certain cases involving government agencies or entities, individuals may have as little as six months from the date of their injury to file a notice and pursue legal action. Government entities may include the State of Colorado, a city or municipality, or even government employees.
Speak With an Experienced Attorney
If you find yourself dealing with a personal injury case in Colorado, it is best to seek legal advice sooner rather than later so you don’t inadvertently waive any rights or lose out on possible compensation due to missing deadlines set by law. Contact our experienced and results-driven personal injury attorney at Landry Law, P.C. to start working on your case immediately. We offer free in-person consultations or via video conferencing.