Statute of Limitations for Colorado Personal Injury Claims

The Colorado personal injury statute of limitations 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 alleged negligent party in their case. Failing to do so 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, talk with 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. However, 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 alleged 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.

Personal Injury Claims

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

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

Exceptions to Colorado Personal Injury Statute of Limitations

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

• Discovery rule: It is not always possible for a person to know immediately that an injury occurred during an accident. In such cases, a court may extend the statute of limitations. Under the discovery rule, the statute of limitations does not begin until the person discovers or should have discovered their injury.
• Minor children: If a minor child suffers injuries in an accident, the statute of limitations does not begin until the child turns 18.
• Government entities: Personal injuries caused by government entities must be filed within 182 days of discovering the injury.
• Car accident claims: Victims of car accidents in Colorado have a three-year statute of limitations to file a lawsuit against the alleged negligent driver.

Understanding which Colorado personal injury statute of limitations applies to your accident case can be an involved process. A personal injury attorney in Chicago 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.

Contact a Fuicelli & Lee 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.