Statute Of Limitations For Personal Injury Claims In Colorado

When a personal injury disrupts your life, it can be tough to know where to start. One question we hear all the time at Dormer Harpring is: How much time do I actually have to file a claim? The answer isn’t just a number—it may decide whether your case can move forward or whether you miss the window to hold someone accountable. 

That’s where the Colorado statute of limitations personal injury becomes critical. This isn’t just a technical detail—it’s a clearly defined timeline that applies to everything from motor vehicle accidents to injuries caused by hazardous property conditions. 

Colorado Personal Injury Statute of Limitations

Colorado law sets a deadline for filing personal injury lawsuits. In most cases, that deadline is two years from the date of the injury. This covers claims involving general negligence, dog bites, and dangerous property conditions. Car accident cases typically have a three-year limit. Cases involving government agencies often require faster action.

Knowing these limits matters. Many people assume that ongoing talks with insurance companies delay the legal deadline, but the timeframe to file usually continues unaffected. Understanding how the Colorado statute of limitations personal injury works can help you avoid critical delays that affect your ability to recover compensation.

General Negligence Statute of Limitations

In general negligence cases, such as a slip and fall or an injury on another person’s property, the law typically gives you two years from the date of the injury to file a claim, which is a relatively short window to act.

These types of cases often rely on timely details like witness statements, photographs, or security footage. Waiting too long can make it harder to build a strong and well-supported case.

Colorado Car Accident Statute of Limitations

For auto accident-related injuries, the timeline is different. Victims usually have three years from the date of the crash to file a lawsuit. This rule applies under the Motor Vehicle Financial Responsibility Act as outlined in Article 7, Title 42, of the Colorado Revised Statutes. 

Auto cases often involve multiple parties and layers of insurance. Acting within the legal timeframe helps ensure important evidence, like police reports or medical records, is identified and reviewed as part of building your case.

Why Does Colorado Have Statutes of Limitations for Personal Injury Claims?

To support fairness and timely resolution. As time passes, proving what happened becomes more difficult. The statute of limitations encourages people to act within a set period, reduces unnecessary delays, and helps keep the legal system moving efficiently.

Exceptions to the Colorado Personal Injury Statute of Limitations

Some personal injury claims qualify for extended or adjusted time limits. These are often more complex, but they exist to protect individuals in situations where a standard timeline wouldn’t be fair.

Injury Claims Involving a Minor

Claims involving minors may be paused until the child turns 18. The statute of limitations typically starts on their 18th birthday. This gives them time to act as adults, particularly when no claim was made earlier or when the effects of the injury appear slowly over time and aren’t immediately apparent.

Injury Claims Involving Public Entities in Colorado

Shorter timelines may apply when a government agency is involved. If a city bus caused the injury or the incident happened on government property, you might only have 180 days to file a notice of claim. Missing this notice deadline can prevent you from filing a lawsuit altogether. These rules are strict, and courts may not allow late filing, even in seemingly justified cases.

The Discovery Rule Exception

Not every injury is apparent right away. In some situations, the timeline to file a claim doesn’t begin until the injury is discovered or reasonably should have been. This is known as the discovery rule. It often applies in cases involving medical malpractice, toxic exposure, or delayed symptoms. Still, this exception isn’t open-ended—courts usually expect people to act once they realize something is wrong.

You might not realize for months—or even years—that a product you used caused lasting harm. The discovery rule allows people to pursue accountability in those situations.

How Long Do I Have to Bring a Colorado Personal Injury Claim?

It depends on the type of injury and who’s involved. For most general negligence claims, you’re looking at two years from the injury date. Under Colorado law, the general statute of limitations for personal injury claims, including negligence actions, is two years from the date the injury occurred. For car accident injuries, it’s typically three years. Lawsuits against public entities or involving children follow different timelines. The best way to know your timeframe is to have someone review the details of your case.

Time limits still apply, even when you’re unsure or overwhelmed. A quick consultation can often bring much-needed clarity.

What Happens if I Don’t Know I’m Injured Until After the Statute of Limitations Has Expired?

That depends on whether the discovery rule applies. If the court agrees that the injury couldn’t reasonably have been discovered earlier, the statute may begin from the discovery date. But this isn’t guaranteed. Courts will consider whether you ignored warning signs or promptly failed to seek medical attention.

And even when the rule applies, it’s still up to the injured person to move forward. Delays can work against the case if a judge finds the timing unreasonable.

What If I Am Unable to File a Lawsuit Before the Colorado Statute of Limitations Expires?

You may lose your right to bring the claim. Courts are generally firm on deadlines. If you try to file after the limitation period has passed, the defendant will likely move to dismiss your case, and the court may agree. In rare situations, equitable tolling might apply, but relying on that is risky. 

Also, remember that preparing a solid case takes time. Gathering evidence, consulting with medical professionals, and negotiating with insurers often happen before a lawsuit is filed. Starting the process early helps preserve your rights.

Contact a Colorado Personal Injury Attorney

Timing can be everything in a personal injury case. The Colorado statute of limitations personal injury law isn’t just a detail—it’s a deadline that could make or break your chance at justice. At Dormer Harpring, we help individuals in Denver and across Colorado navigate these legal timelines before they become obstacles. Contact us today at (303) 747-4404.