Missing a filing deadline can destroy your right to compensation forever. In Colorado, thousands of injury victims lose their chance at justice each year simply because they waited too long to take legal action. At Lampert & Walsh, LLC, we’ve helped countless Coloradans navigate these strict filing deadlines accident claims must meet. This comprehensive guide breaks down everything you need to know about legal time limits CO courts enforce, exceptions to statute limits, and the serious late filing consequences you’ll face if you miss your window.
Understanding Colorado's Personal Injury Statute of Limitations
The statute of limitations is a legal deadline that sets the maximum time you have to file a lawsuit after an injury occurs. Once this deadline passes, courts will almost always dismiss your case, regardless of how strong your evidence is or how severe your injuries are.
According to Colorado Revised Statutes § 13-80-102, the standard personal injury statute of limitations Colorado applies is two years from the date of injury. This applies to most personal injury cases, including:
- Motor vehicle accidents
- Pedestrian accidents
- Bicycle accidents
- Dog bites
- Premises liability cases
- Assault and battery
Filing Deadlines for Different Types of Personal Injury Claims in Colorado
Auto Accident Claims
For car, truck, and motorcycle accidents in Colorado, you have two years from the accident date to file a personal injury lawsuit. According to the Colorado Department of Transportation, there were 64,154 total crashes in Colorado in 2022, resulting in 745 fatalities and thousands of serious injuries.
Important considerations for auto accident claims:
- The two-year clock starts on the accident date, not when you discover injuries
- Insurance claims don’t extend the statute of limitations
- Claims against government entities have much shorter deadlines (see below)
Slip and Fall/Premises Liability Claims
Slip and fall accidents and other premises of liability cases also follow the two-year statute of limitations. Whether you were injured at a grocery store, apartment complex, or someone’s private property, you must file within two years of the incident.
According to the National Safety Council, falls account for over 8.9 million emergency department visits annually in the United States, making them one of the leading causes of unintentional injury.
Medical Malpractice Claims
Medical malpractice cases have a two-year statute of limitations in Colorado, but with an important twist. Under Colorado Revised Statutes § 13-80-102.5, the clock starts either:
- From the date the injury occurred, OR
- From the date you reasonably should have discovered the injury (the “discovery rule”)
Colorado Statute of Limitations Overview Table
| Type of Claim | Time Limit | Start Date | Special Notes |
|---|---|---|---|
| Auto Accidents | 2 years | Date of accident | No extension for insurance negotiations |
| Slip & Fall | 2 years | Date of injury | Includes all premises liability |
| Medical Malpractice | 2 years | Date of injury or discovery | 3-year absolute cap regardless of discovery |
| Wrongful Death | 2 years | Date of death | Estate or family must file |
| Product Liability | 2 years | Date of injury | Discovery rule may apply |
| Claims Against Government | 182 days (notice) | Date of injury | Must file formal notice within 6 months |
Critical Exceptions to Statute Limits in Colorado
While the two-year rule applies in most cases, several important exceptions to statute limits can either extend or shorten your filing deadline.
The Discovery Rule
For certain injury cases where the harm wasn’t immediately obvious, Colorado applies to the “discovery rule.” This means the statute of limitations clock doesn’t start until you know or reasonably should have known about your injury. This commonly applies to:
- Medical malpractice involving internal injuries
- Exposure to toxic substances
- Defective medical devices that cause delayed harm
Minors and Injured Children
When the injury victim is a minor (under 18 years old), Colorado law typically tolls (pauses) the statute of limitations until the child turns 18. The child then has two years from their 18th birthday to file a claim.
Mental Incapacity
If the injured person is legally declared mentally incompetent at the time of injury, the statute of limitations may be tolled until they regain competency.
Claims Against Government Entities
If your injury involves a government entity (city, county, state employee, or agency), Colorado law requires you to file a formal written notice within 182 days (approximately 6 months) under the Colorado Governmental Immunity Act. After filing this notice, you typically have two years to file a lawsuit if your claim is denied.
Defendant Leaves Colorado
If the person responsible for your injury leaves Colorado after the incident, the time they spend outside the state may not count against your statute of limitations deadline.
What Happens If You Miss the Deadline?
The consequences of missing the personal injury statute of limitations Colorado enforces are severe and almost always permanent.
Your Case Will Be Dismissed
If you attempt to file a lawsuit after the statute of limitations has expired, the defendant will file a motion to dismiss based on the expired statute. Courts grant these motions routinely, and your case will be thrown out before it ever reaches trial.
You Lose Your Right to Compensation
Once the statute expires, you lose your legal right to pursue compensation for:
- Medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Property damage
- Emotional distress
No Exceptions for Strong Cases
It doesn’t matter if you have overwhelming evidence, severe injuries, or clear liability. If you file late, judges have no discretion to hear about your case except in the rare circumstances outlined in the exceptions above.
Insurance Leverage Disappears
Even if you’re still negotiating with insurance companies, once the statute expires, insurers know you have no legal recourse. This destroys your negotiating position, and they can simply refuse to pay.
Steps to Protect Your Rights Within Filing Deadlines
To ensure you don’t miss critical filing deadlines accident claims require, follow these steps:
Document everything immediately: Take photos, get witness information, and obtain police reports
Seek medical attention: Even if injuries seem minor, get examined and follow treatment plans
Consult an attorney early: Don’t wait until your deadline approaches
Preserve all evidence: Keep medical records, bills, correspondence, and other documentation
Don’t rely on insurance companies: Their job is to minimize payouts, not protect your rights
Calculate your deadline: Mark it on your calendar with reminders months in advance
Statute of Limitations by Claim Type Table
| Injury Type | Statute Length | Discovery Rule? | Government Entity Exception |
|---|---|---|---|
| Car Accident | 2 years | No | 182 days for notice |
| Truck Accident | 2 years | No | 182 days for notice |
| Motorcycle Accident | 2 years | No | 182 days for notice |
| Slip and Fall | 2 years | Rarely | 182 days for notice |
| Medical Malpractice | 2 years (3-year cap) | Yes | 182 days for notice |
| Dog Bite | 2 years | No | 182 days for notice |
| Product Liability | 2 years | Sometimes | 182 days for notice |
| Assault/Battery | 2 years | No | 182 days for notice |
How Lampert & Walsh Can Help You Meet Filing Deadlines?
Our experienced team ensures no deadlines are missed while building the strongest possible case for your compensation.
We handle every aspect of your claim, including:
- Calculating all applicable deadlines specific to your case
- Filing government notices when required
- Gathering and preserving time-sensitive evidence
- Managing all legal paperwork and court filings
- Negotiating with insurance companies before litigation becomes necessary
- Representing you in court if a fair settlement cannot be reached
Protect Your Rights Before the Deadline Passes
Understanding the personal injury statute of limitations Colorado enforces is essential to protecting your legal rights and securing the compensation you deserve. Whether you’ve been injured in an auto accident, suffered a slip and fall, or experienced medical malpractice, the clock is ticking from the moment your injury occurs.
We’re committed to ensuring our clients never miss critical deadlines while we fight for maximum compensation. If you or a loved one has been injured in Colorado, don’t wait until it’s too late. Contact us today for a free consultation. We’ll calculate your specific deadline, explain your legal options, and start building your case immediately.
Frequently Asked Questions (FAQs)
Can I still file a claim if I'm a few days past the two-year deadline?
No. Colorado courts strictly enforce statute of limitations deadlines. Even being one day late typically results in automatic dismissal of your case, with very few exceptions.
Does filing an insurance claim extend the statute of limitations?
No. Negotiating with insurance companies does not pause or extend the two-year deadline to file a lawsuit. You must file within the statute period regardless of settlement of talks.
What if I didn't discover my injury until after the accident?
The discovery rule may apply in limited circumstances, particularly in medical malpractice cases. However, you still must file within three years of the negligent act. Consult an attorney immediately.
How long do I have to sue a government entity in Colorado?
You must file a formal written notice of claim within 182 days (approximately six months) of your injury. After that, you typically have two years to file a lawsuit.
Can the statute of limitations be extended if I am mentally incapacitated?
Yes. If you were legally declared mentally incompetent when injured, the statute may be tolled until you regain competency. This requires formal legal documentation of incapacity.
