A person who is injured or harmed by the negligence or unlawful conduct of another may be able to seek compensation from the person or business who caused the harm by filing a personal injury lawsuit. Personal injury lawsuits typically involve claims resulting from catastrophic events such as motor vehicle accidents, dog bites, medical malpractice, product defects, and workplace accidents. Importantly, personal injury claims must be filed by a specific deadline known as the “statute of limitations.” While the statute of limitations may seem straightforward, it is not. The time for filing a claim varies widely depending on the circumstances of the case. Failure to file by the deadline may result in the dismissal of your claim and prohibit the injured party from recovering damages. For this reason, it is advisable to consult with an attorney as soon as possible after the injury has occurred or is discovered.
This article provides an overview of the different statutes of limitations that apply in personal injury lawsuits and highlights other issues that may need to be considered when calculating deadlines for filing a claim.
Four-Year Statute of Limitations
Wrongful death claims against a person who commits vehicular homicide and flees the scene must be brought within four years of the date of the decedent’s death.[1]
Three-Year Statute of Limitations
Motor vehicle claims must typically be filed within three years of the date of the accident, but application of Colorado’s “discovery rule” to the facts of the case may alter the date from which the three years run.[2]
The discovery rule applies in situations where an individual does not immediately realize that an injury has occurred. In those cases, the deadline for filing a lawsuit runs from the earlier of the date that the individual: (a) discovered the injury and what caused it; or (b) should have discovered the injury and what caused it by the exercise of reasonable diligence.[3]
Two-Year Statute of Limitations
Many personal injury lawsuits, such as dog bite, premises liability, slip and fall, and workplace accident claims, involve the negligence of another party. In Colorado, negligence claims must be filed within two years of the date of the injury.[4] Product liability and ski accident claims must also be filed within two years of the date of the injury.[5] Likewise, wrongful death claims must be filed by the deceased person’s estate within two years of the date of the decedent’s death.
Medical malpractice claims must also typically be filed within two years, but application of the discovery rule (see above) to the facts of the case determines the date from which the two years run.[6] Subject to certain exceptions, however, application of the discovery rule cannot result in a claim being brought more than three years after the act or omission which gave rise to the action.[7]
One-Year Statute of Limitations
Injuries resulting from intentional torts such as assault and battery must be filed within one year of the date of the injury.[8]
Other Considerations
There are a variety of laws that may need to be factored into the deadline calculation and can alter the date by which a claim must be filed. For example, additional time to file suit may be available in cases where the injured person is under the age of eighteen, disabled, or legally incompetent.[9] Additional time may also be available in cases where the party who caused the injury leaves the state or goes into hiding.[10]
In cases involving state or local governments, officials, or employees, there are special notice requirements that must be met before a claim can be filed, or it will be barred. Most notably, an injured person must provide the government with a concise, written notice describing the injury and the damages sought within 182 days after discovering the injury.[11]
It is also important to note that there are deadlines for notifying insurance carriers about personal injury claims that may be covered by insurance. These vary depending on the language of the specific insurance policy.
Our Team
BHGR’s Personal Injury Group has significant experience handling civil matters involving severe personal injury and wrongful death in automobile, workplace, and jobsite accidents, as well as other catastrophic events. Our attorneys also have a wealth of experience in insurance-related coverage disputes.
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[1] See Colo. Rev. Stat. §§ 13-80-102(2), 13-80-108(2).
[2] See Colo. Rev. Stat. §§ 13-80-101(1)(n), 13-18-108.
[3] See Colo. Rev. Stat. § 13-80-108(1).
[4] See Colo. Rev. Stat. § 13-80-102(1)(a).
[5] See Colo. Rev. Stat. §§ 13-80-106(1) (product liability), 33-44-111 (ski accident).
[6] See Colo. Rev. Stat. § 13-80-102.5(1).
[7] See id.; see also Colo. Rev. Stat. § 13-80-102.5(3).
[8] See Colo. Rev. Stat. § 13-80-103(1)(a).
[9] See Colo. Rev. Stat. §§ 13-81-101(3), 13-81-103, 13-80-106(2).
[10] See id.
[11] See Colo. Rev. Stat. § 24-10-109.