Whenever someone is injured due to the negligent or reckless actions of another person or entity, the injured party has the right to file a personal injury claim against the at-fault party. However, personal injury claims have to be filed within a specific timeframe – that’s the case in Colorado and in every state.
This window to file a personal injury claim is called a “statute of limitations.” In Colorado, there is a statute of limitations for car accidents and a separate statute of limitations for all other personal injury claims.
Deadline for Car Accidents
Under Section 13-80-101(1)(n)(1) of the Colorado Revised Statutes, if you’re filing a lawsuit and you’re seeking damages for property damage or bodily injury liability arising out of an automobile accident, the statute of limitations is three years. In other words, you have three years from the date of the car accident to sue the at-fault driver.
Deadline for Other Personal Injury Claims
For all other personal injury claims (non-car accidents), the statute of limitations is two years under Section 13-80-102(1)(a) of the Colorado Revised Statutes. Here are some examples of the types of personal injury claims that must be filed within two years of the date of the accident:
- Slip and fall accidents
- Dog bites and attacks
- Drowning accidents
- Negligent security
- Premises liability
- Daycare abuse
- Assaults and other acts of violence (intentional torts)
If you were injured in a car accident or another type of personal injury accident, it’s important that you file a lawsuit before the statute of limitations runs out. Otherwise, if you say, “I’ll see you in court,” it will just be an empty threat and the other party knows that if you allow the deadline to expire, you’ll have no legal recourse.
When a plaintiff (injured party) tries to file a personal injury claim after the deadline has expired, the court refuses to hear the person’s case and there is no way to turn back the clock. If you have more questions about the statute of limitations for filing a personal injury claim in Denver or anywhere else in Colorado, contact my firm today!