Statute Of Limitations For Personal Injury Claims In Colorado

K.C. Harpring

personal injury Attorney

Key Takeaways

• Colorado allows two years to file most personal injury lawsuits.
• Claims for motor vehicle accidents have three years to be filed.
• Claims against a government entity require written notice within 182 days.
• Minors and legally incapacitated people generally get extra time before the clock starts.
• Colorado caps noneconomic damages, with limits adjusted periodically for inflation.

The morning after a crash, most people are thinking about the emergency room bill, not a calendar. As physical therapy begins and insurance adjusters start calling, the legal clock keeps running quietly in the background, unnoticed until it becomes the only thing standing between an injured person and their case.

The Colorado statute of limitations for personal injury claims sets that limit. Colorado generally allows two years to file a lawsuit, extends that window to three years for motor vehicle crashes, and requires formal notice within 182 days for claims against a government entity. At Dormer Harpring, our Denver personal injury lawyers help injured people track that deadline and build a claim while there is still time to act.

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Filing Deadlines for Certain Cases

One of the first questions clients ask is how much time they have under the Colorado statute of limitations for personal injury claims, and the answer depends on how the injury happened and who caused it:

• General Personal Injury Claims: Slip and falls, dog bites, and other negligence injuries carry a two-year deadline from the accident date under C.R.S. § 13-80-102.
• Car and Motor Vehicle Accidents: Colorado’s motor vehicle statute provides a 3-year statute of limitations from the date of the crash under C.R.S. § 13-80-101.
• Wrongful Death Claims: Two years from the date of death applies in most cases under C.R.S. § 13-80-102(1), though a wrongful death caused by a driver who flees the scene extends the deadline to four years under C.R.S. § 13-80-102(2).

These deadlines apply to the most common claims, but Colorado law recognizes several exceptions that can shift the clock.

Common Exceptions You Should Know

In our experience, a few situations come up again and again where the standard deadline may shift:

• Minors and Legally Incapacitated Persons: The clock generally pauses until an injured minor turns 18 or a legal incapacity ends.
• Absent or Hiding Defendants: The deadline pauses while a defendant leaves Colorado or cannot be located for service.

One exception deserves its own explanation, since we see it often when an injury is not obvious right away.

The Discovery Rule Exception

This rule matters most in cases involving defective products or equipment failures, where the harm is not obvious until well after the incident. Colorado’s discovery rule accounts for that gap, since the filing clock starts only once the injured person discovers, or reasonably should have discovered, both the injury and its cause.

Notice Required for Lawsuits Against the Government

While the discovery rule can extend a deadline, claims against a government entity move on a much faster clock. Colorado’s Governmental Immunity Act requires anyone injured by a city, county, state agency, or government employee to file a written notice within 182 days. That notice must include the injured person’s name and address, a description of the incident, the extent of the injuries, and the compensation sought. Missing this window typically bars the claim entirely.

When You’re Partly Responsible for Your Injuries

Meeting every deadline does not guarantee full compensation, since fault plays just as central a role, and few accidents are entirely one-sided. Under Colorado’s modified comparative negligence system, an injured person can recover damages as long as their share of blame stays below 50 percent, though the award is reduced by whatever percentage a court assigns. Someone found 20 percent at fault would recover 80 percent of the damages, while someone found 50 percent or more at fault would recover nothing.

Caps in All Personal Injury Cases

Fault is not the only factor shaping a case’s worth. Even a strong claim runs into limits Colorado law places on certain damages:

• Non-economic Damages Cap: Pain, suffering, and loss of enjoyment of life fall under Colorado’s non-economic damages statute, with the cap adjusted periodically for inflation.
• Exception for Unfair Cases: A court may raise the cap if it would otherwise produce an unfair result.
• Economic Damages: Out of pocket losses such as medical bills and lost wages remain uncapped.

These are exactly the details where a personal injury lawyer can make a real difference.

Contact a Denver Personal Injury Lawyer for a Free Consultation

Deadlines under the Colorado statute of limitations for personal injury cases move quickly, and a short conversation today can protect a claim tomorrow. Dormer Harpring can go over the specifics of your case and outline what comes next. Call (303) 747-4404 for a free consultation before time runs out.

This content is for general informational purposes only and does not create an attorney-client relationship. Prepared in accordance with Colorado Rules of Professional Conduct 7.1 through 7.5.