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Statute of Limitations for Colorado Personal Injury Claims

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January 3, 2024 Personal Injury

In most cases, the statute of limitations for Colorado personal injury claims is two years from the date an injury occurs. This means that any personal injury victim has a two-year window to file a lawsuit against the allegedly negligent party in their case. Failing to file a personal injury lawsuit within this timeframe will result in the injured person being unable to recover the compensation they are entitled to.

However, there are some exceptions to the Colorado statute that injury victims need to be aware of when it comes to filing personal injury lawsuits in the state of Colorado. If you suffered injuries in an accident due to another person’s negligence, contact the Colorado personal injury lawyers at Fuicelli & Lee during a free consultation and case evaluation.

The Colorado Personal Injury Statute of Limitations

Anytime a person sustains an injury caused by the carelessness or negligent actions of another individual, business, or entity, they would likely be entitled to some compensation for their losses. Often, this means that a victim can recover compensation for their medical bills, lost wages, loss of quality of life damages, property damage expenses, and more. If compensation is sought through a personal injury lawsuit, Colorado law requires that the claim be filed before the statute of limitations expires.

Colorado’s personal injury statute of limitations deadline is two years from the date an injury occurs. This includes general personal injury claims and wrongful death claims.

Personal Injury Claims

Some personal injury claims that fall under Colorado’s two-year statute of limitations include:

  • Slip and Fall incidents
  • Spinal cord injury
  • Brain injury
  • Dog bite injuries
  • Premises liability
  • Defective products
  • Wrongful death

Car Accident Injury Claims

While Colorado’s statute of limitations for personal injury claims is typically two years, the statute of limitations for car accidents in Colorado differs from the standard personal injury statute of limitations.

In Colorado, victims of car accidents have a three-year filing period starting on the date of the incident to file a car accident lawsuit against the allegedly negligent driver. Again, failing to file a lawsuit within this time frame will result in the victim being unable to recover the compensation they are entitled to.

Exceptions to Colorado Personal Injury Statute of Limitations

There are some exceptions to Colorado’s statute of limitations for personal injury claims, such as:

  • Minor children: If a minor child suffers injuries in an accident, the statute of limitations does not begin until the child turns 18. However, the statute may change, so we highly recommend speaking with your personal injury attorney about these deadlines.
  • Government entities: Personal injuries caused by government entities must be filed within 180 days of the date of the accident.

Understanding which Colorado personal injury statute of limitations applies to your accident case can be an involved process. A personal injury attorney in Denver can help you understand what filing deadline applies to your personal injury claim.

Time Limitations for Insurance Claims

Any insurance carriers involved in a personal injury or vehicle accident case will have their own reporting deadlines. Usually, injuries need to be reported to your insurance company within a day or two after the incident occurs, or the claim will face challenges. It is not uncommon to see insurance carriers delay or deny claims that are not reported right away.

Are Most Personal Injury Cases Settled in the Courtroom?

The vast majority of personal injury cases in Colorado are resolved through settlements with insurance carriers without ever resulting in a personal injury lawsuit. However, if the insurance carrier involved in the personal injury case refuses to offer a fair settlement or denies a claim, it may be necessary for an injury victim and their attorney to file a Colorado personal injury lawsuit in Denver civil court.

Even after a civil lawsuit has been filed, the chances of the injury victim going to court for their case are still fairly slim. Personal injury lawsuits take a while to work their way through the court system, and they will have to go through the discovery phase. During this process, most injury cases end up being resolved between the two parties before having to go in front of a jury.

What Kinds of Compensation Can I Receive from a Personal Injury Claim in Colorado?

In Colorado, personal injury victims may be entitled to various types of compensation, often referred to as “damages.” The specific types of compensation you can receive depend on the circumstances of your case. Here are some common types of compensation in a personal injury claim in Colorado:

  • Medical Expenses: You may be entitled to compensation for past and future medical expenses related to your injury. This can include hospital bills, doctor’s visits, surgeries, rehabilitation, and medication costs.
  • Lost Wages: If your injury has caused you to miss work or has affected your earning capacity, you may be eligible for compensation for lost wages and potential future income.
  • Pain and Suffering: Non-economic damages, such as physical and emotional pain and suffering, may be awarded based on the impact of the injury on your overall well-being.
  • Property Damage: If your personal property (e.g., a vehicle) was damaged in the incident, you may be entitled to compensation for repair or replacement costs.
  • Permanent Disability or Disfigurement: If your injury results in a long-term or permanent disability or disfigurement, you may receive compensation for the lasting impact on your life.
  • Loss of Consortium: In some cases, spouses may be eligible for compensation due to the loss of companionship, support, and intimacy resulting from the injury.
  • Punitive Damages: In certain situations where the at-fault party’s actions were particularly egregious, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future. Colorado law places limits on punitive damages.

It’s important to note that Colorado follows a modified comparative negligence system, meaning that if you are partially at fault for the accident, your compensation may be reduced proportionally. If your fault exceeds a certain threshold (50% in Colorado), you may not be eligible for any compensation.

To navigate the specific details of your case and understand the potential compensation you may be entitled to, it is advisable to consult with a personal injury attorney familiar with Colorado law. They can assess the unique aspects of your situation and help you pursue a fair and just settlement.

Contact a Fuicelli & Lee Attorney About Your Personal Injury Claim Today

Personal injury cases in Colorado can become very complex. If you or somebody you care about has been injured due to the careless or negligent actions of another individual, business, or entity, we strongly recommend that you reach out to a personal injury lawyer in Denver for help with your Colorado personal injury claim.

At Fuicelli & Lee, our team has extensive experience handling these cases, and we will make sure that your case gets filed on time within the state’s strict statute of limitations. We understand what these deadlines dictate, and know the importance of working quickly when dealing with aggressive insurance carriers. Contact us online or by calling 303-355-7202 for a free consultation of your case.