Statute of Limitations for Personal Injury in Colorado

Jul 07, 2025

In Colorado, the statute of limitations for most personal injury claims is two years from the date of the accident. Missing this deadline usually means losing the right to pursue compensation, regardless of how strong the case might be.

Many people are surprised by just how quickly time passes after an accident. Understanding these strict legal timeframes is essential for anyone hoping to file a personal injury claim in Colorado.

Knowing the statute of limitations is the first step toward protecting legal rights and ensuring crucial evidence is preserved. Staying informed can significantly impact the outcome of a personal injury case.

Understanding the Colorado Personal Injury Statute of Limitations

Personal injury claim deadlines in Colorado set strict deadlines for filing personal injury claims. Missing these deadlines can affect a person’s ability to recover compensation, regardless of the details of their case.

Definition and Legal Significance

The statute of limitations is a law that sets a maximum time after an event within which legal proceedings may be initiated. In personal injury law, this period starts at the time of injury or when the injury is discovered.

This rule is in place to ensure fairness and reliability of evidence. Over time, memories fade and physical evidence can become unreliable. Adhering to these deadlines promotes efficient case resolution.

Understanding the time limit is essential, as courts often refuse to hear cases filed after the statutory period expires. This rule applies whether the injury is due to negligence, intentional acts, or strict liability.

Time Limits for Colorado Injury Claims

For most personal injury cases in Colorado, the deadline is two years from the date of the injury. If the injury is due to a motor vehicle accident, the period extends to three years. Certain exceptions may apply in cases involving minors or delayed discovery of harm.

A brief overview of key deadlines:

Type of Case	Statute of Limitations
General Personal Injury	2 years
Motor Vehicle Accident	3 years
Injury to Minors	May be tolled

Understanding these specific limits is important, as they may vary based on the facts of the case or involvement of government entities. Legal advice should be sought as soon as possible after an injury.

Consequences of Missing Filing Deadlines

If a personal injury claim is filed after the statute of limitations expires, the court typically dismisses the case. The injured person loses the right to pursue compensation, even if their claim would have otherwise succeeded.

This dismissal applies whether the claim involves medical bills, lost income, or pain and suffering. Exceptions exist but are rarely granted and often require clear proof that another legal rule extends the deadline.

Missing the time limit almost always means the end of the legal claim, and insurance companies generally refuse to negotiate once the statutory period has closed. Timing is critical for preserving the right to recover damages.

Exceptions and Extensions to Filing Deadlines

Colorado law recognizes circumstances where the standard statute of limitations for personal injury may be paused or extended. These adjustments help ensure that unique or complex cases are given fair consideration and that claimants are not unfairly barred from pursuing justice.

Extensions Due to Special Circumstances

The statute of limitations can be “tolled,” or temporarily suspended, in certain situations. Tolling often applies when the defendant is absent from the state, avoids service, or conceals their identity. This pause ensures the plaintiff is not penalized if the defendant cannot be located or served within the regular timeframe.

Fraud or Misrepresentation: If a defendant’s fraudulent conduct prevents discovery of the injury, the courts may allow more time to file.
Bankruptcy Proceedings: An automatic stay in bankruptcy can temporarily halt time limits until the bankruptcy process is resolved.

Deadlines resume once the special circumstance ends. The clock then continues from where it paused, giving the plaintiff a fair window to proceed.

Minors and Incapacitated Individuals

For those under 18 or individuals deemed legally incapacitated, Colorado law provides specific protections. The statute of limitations does not begin until the minor reaches adulthood or the incapacitated person regains capacity.

A minor injured at age 12, for example, typically has until age 20 to file—a standard two-year limit after turning 18. For individuals who regain legal competence, the timeframe to file starts from the date capacity is restored.

However, cases involving claims against government entities may have stricter notifications and shorter deadlines, even for minors or those who are incapacitated. It is important to check specific statutes or consult with legal counsel for details.

Discovery Rule Applications

The “discovery rule” affects cases where an injury is not immediately known. Under this rule, the statute of limitations starts when the injured party discovers, or reasonably should have discovered, the injury and its cause.

This principle is particularly relevant in cases involving medical malpractice, toxic exposure, or latent injuries. For example, symptoms from a defective drug may not surface until years after exposure.

The discovery rule does not apply to all injury types, and courts may examine when the plaintiff reasonably should have discovered the harm. The timing of discovery directly influences when the clock starts for filing a personal injury lawsuit in Colorado.

Navigating Personal Injury Claims in Colorado

Handling a personal injury claim in Colorado often centers on understanding which incidents qualify and how the statute of limitations applies. Legal professionals play a crucial role in helping claimants meet deadlines, gather evidence, and navigate state-specific requirements.

Common Types of Personal Injury Cases

Personal injury cases in Colorado most often arise from motor vehicle accidents, slip and fall incidents, premises liability claims, and dog bites. Each type of case may involve different timelines and evidentiary needs, especially when identifying the at-fault party and proving damages.

Slip and fall cases are common in Denver and across Colorado, especially during winter months when ice is prevalent. Hiring a slip and fall lawyer in Denver ensures claimants receive advice tailored to local conditions, such as property maintenance standards. Similarly, a premises liability attorney can help when injuries occur due to hazardous property conditions.

Victims of fall injuries may seek legal advice to determine whether negligence was involved and what steps to take to preserve their claims. Many attorneys offer checklists or initial consultations to help clients understand the required documentation and reporting timelines relevant to each scenario.

Role of Legal Professionals in Statute Compliance

Legal professionals are vital in ensuring clients comply with Colorado’s statute of limitations for personal injury cases, which is generally two years from the date of the incident, but different rules can apply—for example, in motor vehicle accidents or government claims.

Lawyers dedicated to personal injury demonstrate a strong commitment to clients by handling critical communications, documenting injuries, and filing necessary paperwork on time. This includes reviewing medical records, gathering witness statements, and advising on settlements versus trial.

Consulting with an experienced attorney, such as a premises liability attorney or a slip and fall lawyer in Denver, helps avoid procedural errors that could jeopardize a claim. Timely guidance ensures clients do not risk missing key deadlines, which can completely bar recovery under Colorado law.

Note: The information provided in this blog post has been compiled from publicly available and secondary sources. While we strive for accuracy, some details may become outdated or contain inadvertent errors. If you believe any information is incorrect or requires updating, please contact Smith & Weidinger so that we may review and make the appropriate corrections.

Disclaimer: This blog post is for informational purposes only and is not intended as a solicitation for business. The photo used is not from the scene of the incident described. Viewing this content does not create an attorney-client relationship with Smith & Weidinger. If you have been injured in an accident, please seek immediate medical attention and then consult with a qualified attorney to discuss your legal rights and options.