In Colorado, you have two years from the date of your injury to file most personal injury lawsuits. However, if your injury happened in a car accident, you get three years instead. This time limit is called the statute of limitations, and it’s one of the most important deadlines you’ll face after an accident.
Think of it like this: if you got hurt on January 1, 2024, you’d need to file your lawsuit by January 1, 2026 for most cases. Wait even one day too long, and you could lose your chance to get money for your injuries. That’s true no matter how badly you were hurt or how clear it is that someone else caused your accident.
This guide will walk you through everything you need to know about Colorado’s personal injury time limits. You’ll learn which deadline applies to your case, what happens if you miss it, and when you might get extra time.
Understanding the Statute of Limitations
What Is a Statute of Limitations?
A statute of limitations is a legal deadline for filing a lawsuit in court. Once that deadline passes, you generally lose the right to take your case to court, no matter how strong your case is.
Every state has these deadlines. They exist for good reasons. They help preserve evidence because over time, memories fade, witnesses move away, and physical evidence can be lost or destroyed. They also protect people from having the threat of a lawsuit hanging over their heads forever.
Why Does Colorado Have These Time Limits?
Colorado created these deadlines to keep things fair for everyone:
For injured people: The law expects you to act within a reasonable time. This pushes you to gather your evidence and pursue your claim while everything is still fresh.
For the person who hurt you: They deserve to know if they’re going to be sued. They shouldn’t have to worry about a lawsuit appearing 10 or 15 years later.
For the courts: These deadlines motivate injured parties to pursue their claims promptly and ensure fairness by giving both parties a clear timeframe within which to act.
When you file your case on time, witnesses remember what happened. Photos show the actual scene. Medical records tell the full story. Wait too long, and all of that starts to disappear.
The Standard Two-Year Rule
What Cases Get Two Years?
Most personal injury cases in Colorado follow a two-year statute of limitations under Colorado Revised Statute Section 13-80-102. This includes:
- Slip and fall accidents
- Dog bites
- Injuries on someone else’s property
- Medical mistakes (with special rules we’ll cover later)
- Injuries from defective products
- Most wrongful death cases
- Assault and battery cases (though these might have different rules)
Let’s say you slipped on ice in a grocery store parking lot on March 15, 2024. You’d need to file your lawsuit by March 15, 2026. Miss that date, and the store can ask the judge to throw out your case.
When Does the Clock Start Ticking?
In most cases, your two years start on the day you got hurt. That’s usually pretty straightforward. You remember the day of the car crash. You know when you fell down the stairs. You can point to the day the dog bit you.
But sometimes it’s not so simple. What if you didn’t know right away that you were hurt?
The Three-Year Rule for Car Accidents
Motor Vehicle Accidents Get Extra Time
Colorado gives you three years to file a lawsuit if you were hurt in any accident involving a motor vehicle, as outlined in Colorado Revised Statute Section 13-80-101.
This longer deadline covers:
- Car crashes
- Truck accidents
- Motorcycle collisions
- Bicycle accidents (when a motor vehicle is involved)
- Pedestrian accidents (when hit by a car, truck, or motorcycle)
- Bus accidents
- Rideshare accidents (Uber or Lyft)
Here’s an example: You were hit by a car while crossing the street on July 1, 2023. You have until July 1, 2026, to file your lawsuit.
Why Do Car Accidents Get More Time?
For car accidents in Colorado, the standard statute of limitations is 3 years. The state gives you an extra year because car accident cases can be complicated. There might be multiple drivers involved. Insurance companies need time to investigate. Your injuries might take longer to fully appear.
That said, three years can pass faster than you think. Don’t wait until year two to talk to a Denver car accident lawyer.
Special Cases with Different Deadlines
Government Claims: The 182-Day Notice Rule
Trying to sue the city, county, or state is different. Under the Colorado Governmental Immunity Act, you must provide written notice of your claim to the proper government entity within 182 days of discovering the injury.
That’s only about six months. And 182 days is not the same as six months – it’s actually shorter.
This short deadline applies if you were hurt by:
- A city bus
- A government employee driving a government vehicle
- A dangerous condition on government property (like a broken sidewalk or pothole)
- A state or city worker
The notice must include specific information: your name and address, a clear statement of what happened, when and where it happened, what injuries you suffered, and how much money you’re asking for.
After you file this notice, you must wait at least 90 days before filing a lawsuit, unless the government entity denies your claim sooner. But you still need to file that lawsuit within the regular two or three-year deadline.
Medical Malpractice Claims
Medical malpractice claims in Colorado fall under C.R.S. 13-80-102.5. Victims generally have two years to file a lawsuit from the date they knew or should have known about the injury.
But there’s a catch. Colorado puts a deadline on the time you have to discover your injury called a statute of repose, which is three years from the date of the malpractice. This means even if you don’t discover the mistake until year four, you’re out of luck in most cases.
However, some special rules exist for children and for cases where a doctor left something inside your body during surgery.
Wrongful Death Cases
Most wrongful death lawsuits must be filed within two years from the date of death. However, in cases of hit-and-run vehicular homicide where the driver fled the scene, you have four years to file.
This is different from the injury deadline. The clock starts when the person dies, not when the accident happened. If someone was hurt in January but died in March, you count from March.
Intentional Harm Cases
When you’re injured by an intentional tort (misconduct that’s intentional, not negligent) you have one year to sue.
This shorter deadline applies to:
- Assault and battery
- False imprisonment
- Intentional infliction of emotional distress
If someone purposely hurt you, you have less time to file than if they accidentally hurt you through carelessness.
When the Clock Doesn’t Start Right Away
The Discovery Rule
What if you didn’t know you were hurt? The discovery rule allows the statute of limitations to be paused until the date that the victim discovered or reasonably should have discovered with due diligence that he or she was injured.
Here are some real examples:
Hidden injuries: You were in a car accident and seemed fine. Two years later, you start having terrible back pain. Doctors discover the accident damaged your spine, but the injury didn’t show up until now.
Toxic exposure: You worked in a building with dangerous chemicals. Years later, you develop a serious illness. The deadline might start when you discovered the illness was caused by your old workplace.
Surgical mistakes: A surgeon left a sponge inside you during an operation. You don’t find out until you have another surgery years later.
Under this rule, if a Colorado plaintiff can show their injury was not reasonably discoverable until after the statute of limitations had expired, then chances are likely that the court will find the Colorado personal injury statute of limitations never accrued and permit the lawsuit to go forward.
But here’s the thing: you can’t just say you didn’t know. You have to prove you couldn’t have known with reasonable effort. The person you’re suing will fight this hard. You’ll need a Colorado personal injury law firm to help you make this argument.
When You Were a Minor
If the accident victim is a child under the age of 18, the statute of limitations on a personal injury case will be tolled until the victim’s 18th birthday, giving him or her until age 20 or 21 to file a claim.
Let’s break this down. Say a 10-year-old gets hurt in 2024. The clock doesn’t start running until they turn 18 in 2032. Then they have two years (or three for car accidents) from that point. So they’d have until 2034 or 2035 to file.
This makes sense. Kids can’t file lawsuits on their own. Sometimes parents don’t realize how serious an injury is until years later. The law gives children time to decide what to do once they’re adults.
However, there are exceptions. Medical malpractice claims must be filed within two years of discovery but no later than the victim’s 20th birthday. Claims against government entities are not tolled, meaning the six-month notice requirement still applies, even for minors.
Mental Disability
Individuals deemed legally incapacitated due to mental illness, cognitive impairment, or another disability may also have their filing deadline extended. The statute of limitations is tolled for those unable to manage their legal affairs.
The clock might not start until:
- The person regains competency
- A legal guardian is appointed to act for them
- A court declares them able to handle their own affairs
Tolling for mental incapacity is not indefinite. If a guardian is appointed, the statute of limitations may begin running from that point.
If the Person Who Hurt You Leaves Colorado
When the defendant leaves Colorado or goes into hiding and can’t be served with your lawsuit, the statute of limitations doesn’t run while they’re absent or in hiding.
Say someone caused your injury in January 2024, then moved to another state in March 2024 to avoid responsibility. They don’t come back to Colorado until January 2026. You’d still have time to file because the clock stopped running while they were gone.
This rule stops people from dodging lawsuits by simply leaving the state.
What Happens If You Miss the Deadline?
You Lose Your Right to Sue
If you miss the deadline, your case becomes legally dead. File a lawsuit in court and the defendant will ask the court to dismiss it. The court will have no choice but to grant that request.
It doesn’t matter if:
- Your injuries were really bad
- You have perfect proof the other person caused your accident
- You have big medical bills
- You lost your job because of your injuries
Miss the deadline by even one day, and the judge must throw out your case. The law is strict about this.
Insurance Companies Won’t Pay
You won’t fare any better if you try to negotiate a settlement without filing in court. Absent the threat or possibility of a court case, the defendant and their insurance company have no reason to take you or your claim seriously.
Insurance companies know how this works. Once your time runs out, they have no reason to offer you anything. You can’t force them to pay because you can’t sue them.
Talk to a Lawyer Immediately If You’re Close to the Deadline
If you miss the deadline, your first call should be to a Colorado personal injury lawyer. Find out if the facts of your case mean it might be possible to extend the filing deadline.
Sometimes there’s an exception that applies. Maybe the discovery rule helps you. Maybe you were a minor. Maybe the person who hurt you left the state. A Denver personal injury lawyer can figure out if you have any options left.
Why These Deadlines Matter So Much
Evidence Disappears Over Time
Think about what happens as years pass:
Witnesses forget: Someone who saw your accident in 2023 might not remember the details in 2028. They might not even remember the accident at all.
Physical evidence goes away: That pothole that caused your fall might get fixed. The intersection where you crashed might look completely different. Security camera footage gets recorded over.
Documents get lost: Businesses throw away old records. People move and lose paperwork. Medical files get destroyed after a certain number of years.
Your memory fades too: You might think you’ll never forget, but details get fuzzy. Did the light turn red before or after the other car entered the intersection? What exactly did the doctor say during your first visit?
Building a Strong Case Takes Time
Filing a lawsuit isn’t something you do in an afternoon. Your lawyer needs time to:
- Investigate what happened
- Talk to witnesses
- Get your medical records
- Hire experts if needed
- Calculate your damages
- Try to settle with the insurance company first
All of this takes months, not days. If you wait until month 22 of your two-year deadline to call a lawyer, you’re cutting it way too close. What if there’s a problem getting records? What if a key witness moved away?
Insurance Companies Move Slowly
Here’s something many people don’t know: The statute of limitations is only about the deadline to file a lawsuit, not when you report the injury or talk to an insurance company. You could be deep in negotiation and still lose your right to sue if the deadline passes.
Insurance adjusters know this. Sometimes they drag out negotiations on purpose, hoping you’ll run out of time. By the time you realize they’re not being fair, it might be too late to file a lawsuit.
Steps to Protect Your Rights
Act Fast After an Accident
Don’t wait to start your case, even if you think you have plenty of time:
- Get medical care right away: This creates a record of your injuries and links them to the accident.
- Take photos: Get pictures of the accident scene, your injuries, property damage, and anything else relevant.
- Write down what happened: While it’s fresh in your mind, write out every detail you remember.
- Get witness information: Names, phone numbers, and addresses of anyone who saw what happened.
- Keep everything: Medical bills, prescription receipts, pay stubs showing missed work, repair estimates – save it all.
Call a Lawyer Early
Many Denver injury lawyers offer free consultations. You have nothing to lose by talking to one soon after your accident. They can:
- Tell you exactly which deadline applies to your case
- Start investigating while evidence is still available
- Deal with insurance companies for you
- Make sure you don’t miss any important deadlines
- File your lawsuit if settlement talks don’t work out
Even if you’re not sure you want to file a lawsuit, talking to a lawyer helps you understand your options.
Don’t Trust Insurance Companies
The insurance adjuster might seem friendly and helpful. They might say things like “Don’t worry, we’ll take care of you” or “You don’t need a lawyer for this.”
Remember: They work for the insurance company, not for you. Their job is to pay you as little as possible. They know about the statute of limitations, and they might use it against you.
Track Your Deadlines
Write down:
- The exact date your accident happened
- What your deadline is (count two or three years from the accident date)
- Any special rules that might apply to your case
- Important dates like when you filed a government notice
Put reminders in your phone. Mark it on your calendar. Don’t let this deadline sneak up on you.
Common Questions About Time Limits
Does Talking to My Insurance Company Stop the Clock?
No. Filing an insurance claim or talking to an adjuster does nothing to stop or extend the statute of limitations. The deadline to file a lawsuit keeps ticking no matter what you’re doing with insurance companies.
What If I’m Still Getting Medical Treatment?
You don’t have to be finished with treatment to file a lawsuit. In fact, waiting until you’re completely healed might mean you run out of time. Your lawyer can file the case and update your damages as your treatment continues.
Can I Sue Later If I Accepted a Small Settlement from Insurance?
Maybe not. When you settle with an insurance company, you usually sign a release saying you won’t sue. Read any settlement papers very carefully before signing. Once you sign, you typically can’t come back later asking for more money, even if you realize your injuries were worse than you thought.
What If Multiple People Are Responsible for My Injury?
The deadline applies to claims against each person or company that caused your injury. If you miss the deadline for one but not the other, you can only sue the ones you filed against in time.
Does Filing for Bankruptcy Affect the Statute of Limitations?
This gets complicated. If the person who hurt you files for bankruptcy, it might pause your case. If you file for bankruptcy, you need to tell the bankruptcy court about your injury claim. Talk to both a personal injury lawyer and a bankruptcy lawyer if this situation applies to you.
Different Types of Injuries Have Different Rules
Truck Accident Cases
Truck accidents follow the three-year motor vehicle deadline. But these cases often involve multiple parties – the truck driver, the trucking company, the company that loaded the truck, and more. You need extra time to investigate who was responsible, so start early.
Motorcycle Accident Claims
Motorcycle accidents also get the three-year deadline. These cases often result in serious injuries, which means more medical treatment and longer recovery times. Don’t let treatment distract you from the deadline.
Pedestrian Accidents
When a car hits a pedestrian, you have three years to file because a motor vehicle was involved. Pedestrian accident cases can be complex because Colorado uses a modified comparative negligence rule.
Bike Accident Claims
Bicycle accidents get three years if a motor vehicle was involved. If another cyclist hit you or you were hurt by a defect in a bike path, you might only have two years.
Slip and Fall Accidents
Slip and fall cases typically follow the two-year rule. These cases often depend on photos of the dangerous condition, so act quickly before the property owner fixes the problem.
Brain Injury Cases
Traumatic brain injury claims can be tricky. Sometimes brain injuries don’t show up right away, which might mean the discovery rule applies. But don’t count on it – talk to a lawyer as soon as you know something is wrong.
Spinal Cord Injuries
Spinal cord injury cases often involve huge medical bills and lifetime care needs. Even though you might still be in treatment when your deadline approaches, your lawyer can file the case and update your damages later.
Birth Injury Claims
Birth injury cases have special rules. If a child was hurt during birth, the statute of limitations might not start until the child turns 18. But medical malpractice rules also apply, which can complicate things.
Wrongful Death Claims
Wrongful death lawsuits must be filed within two years of the date of death. This can be different from the date of the injury that caused the death. Only certain family members or the person’s estate can file these cases.
How to Calculate Your Deadline Correctly
Count Carefully
Here’s how to figure out your exact deadline:
- Start with the accident date: For most cases, this is day one.
- Count forward: Add two years for most cases, three years for motor vehicle accidents.
- Land on the same date: If your accident was March 15, 2024, your deadline is March 15, 2026 (for most cases) or March 15, 2027 (for car accidents).
- Watch for weekends: If your deadline falls on a weekend or holiday, you typically get until the next business day.
Example Calculations
Example 1 – Slip and Fall:
- Accident date: January 10, 2025
- Type of case: Slip and fall (two-year rule)
- Deadline: January 10, 2027
Example 2 – Car Accident:
- Accident date: July 4, 2024
- Type of case: Car crash (three-year rule)
- Deadline: July 4, 2027 (but since that’s a holiday, you’d get until July 5, 2027)
Example 3 – Government Claim:
- Accident date: October 1, 2024
- Type of case: Tripped on broken city sidewalk
- Notice deadline: 182 days from October 1 = March 31, 2025
- Lawsuit deadline: October 1, 2026 (two years from accident)
Example 4 – Child Injury:
- Accident date: May 15, 2024
- Age at accident: 16 years old
- Turns 18: May 15, 2026
- Lawsuit deadline: May 15, 2028 (two years after turning 18)
Don’t Try to Cut It Close
If you think your deadline is coming up, don’t wait. Even if you think you have a few more days, talk to a lawyer immediately. Courts sometimes disagree about exactly when a deadline falls, and you don’t want to be the test case.
Dealing with Insurance Companies Before the Deadline
They Know About the Deadline
Insurance adjusters are trained to know about statutes of limitations. Some common tactics include:
- Dragging out negotiations to run out the clock
- Asking for more paperwork over and over
- Making small offers right before the deadline, hoping you’ll panic and accept
- Telling you not to worry about deadlines while they “investigate”
Don’t fall for these tricks. The insurance company’s goal is to pay as little as possible or nothing at all.
Keep Moving Your Case Forward
While you’re talking to insurance, also:
- Keep seeing your doctors and following treatment plans
- Save all bills and records
- Document how your injuries affect your daily life
- Research lawyers even if you hope to settle without one
- Be ready to file a lawsuit if the insurance company won’t be fair
The Deadline Applies Even If They’re Still “Reviewing” Your Claim
It doesn’t matter if the insurance adjuster says they need more time. It doesn’t matter if they promise to have an answer soon. The court deadline doesn’t care what the insurance company is doing.
Working with a Personal Injury Lawyer
How Lawyers Handle Deadlines
When you hire a personal injury attorney, they take over tracking your deadlines. They:
- Calculate your exact deadline based on your specific case
- Set internal deadlines well before the real deadline
- File your lawsuit if settlement talks aren’t working
- Make sure all paperwork is correct and on time
What If You’re Close to the Deadline?
Some people wait until the last minute to call a lawyer. If you’re in this situation:
- Call immediately: Don’t wait another day.
- Explain the situation: Tell the lawyer when your accident happened and what deadline you think applies.
- Gather what you have: Bring any documents, photos, or information you’ve collected.
- Be ready to act fast: The lawyer might need to file a basic lawsuit quickly to preserve your rights, then fill in details later.
Even if you’ve waited too long, call a lawyer anyway. They might spot an exception or argument that gives you more time.
Most Lawyers Offer Free Consultations
You can talk to most injury lawyers without paying anything. They’ll:
- Review the facts of your case
- Tell you what your case might be worth
- Explain which deadlines apply to you
- Answer your questions
If they take your case, most work on contingency. This means you don’t pay lawyer fees unless you win. Their fee comes out of your settlement or verdict.
Final Thoughts
Time limits for personal injury lawsuits in Colorado are strict and unforgiving. You have two years for most cases and three years for motor vehicle accidents. Miss the deadline, and you lose your right to compensation no matter how strong your case is.
These rules exist to keep the legal system fair and encourage people to act while evidence is fresh. But they can be harsh for injured people who don’t understand how they work.
The most important things to remember:
- The clock starts ticking on your accident date in most cases
- Government claims have a very short 182-day notice deadline
- Some exceptions might give you extra time, but don’t count on them
- Insurance negotiations don’t stop or extend the deadline
- Waiting until the last minute makes your case much harder
If you’ve been hurt in an accident in Denver or anywhere in Colorado, don’t wait to get help. The team at CO Trial Lawyers understands these deadlines and knows how to protect your rights. We’ve helped people throughout Denver, including Capitol Hill, Cherry Creek, Highland, and Downtown Denver.
Call us at 303-390-0799 for a free consultation. We’ll review your case, calculate your deadline, and explain your options. Don’t let time run out on your chance for justice and fair compensation.