Knowing the statute of limitations in Colorado is important when deciding whether legal action is still available. These deadlines determine how much time a person has left to file a lawsuit or bring criminal charges after an incident occurs. The timeframe you will be given will depend on the type of case you are involved in, the circumstances surrounding the matter, and the applicable Colorado statute. From personal injury lawsuits to criminal charges, various claims and offenses are governed by different filing requirements.
What Is a Statute of Limitations in Colorado?
A statute of limitations is a time limit created under Colorado law that determines how long an injured person has to pursue legal actions after suffering harm. The applicable deadline will depend on several factors, such as:
- The type of claim
- The circumstances surrounding the situation
- The specific Colorado statute that applies to the case
Time periods may apply to different types of legal proceedings, which is why it is important for personal injury victims to know the correct statute of limitations before moving forward with a claim.
What Happens If You Miss the Deadline?
Missing a statute of limitations deadline can bar you from pursuing compensation even if your claim is valid. Knowing when the deadline is for your particular situation comes down to two separate questions: When does the clock start? How long do you have once it does?
Colorado uses a “discovery rule” (Colorado Revised Statute § 13-80-108) which starts on the date of the injury and its cause are discovered (or reasonably should have been discovered) rather than immediately on the date of the incident itself. This matters in many cases where harm is not as apparent, like latent injuries or fraud.
Once that clock begins, the amount of time an injured party has will depend on the type of claim you are pursuing. Since the applicable deadline depends on both when your claim accrued and the type of incident it is, it is worth confirming which statute governs your situation before assuming you have missed, or still have, your opportunity to file.
How Long Do You Have to File a Personal Injury Claim in Colorado?
Many personal injury cases in Colorado are subject to a two-year statute of limitations under C.R.S. § 13-80-102. However, claims involving motor vehicle accidents typically have a longer three-year limit pursuant to C.R.S. § 13-80-101(1)(n).
This means individuals injured in a car accident may generally have up to three years from the date of the collision to pursue legal action. Since the applicable deadline depends on the specific circumstances involved, consulting with a Colorado attorney can help clarify which statute of limitations may be applicable to your claim.
Are There Different Deadlines for Certain Types of Injuries?
The statute of limitations is not the same for every case. The filing deadline will depend on certain situations, like the type of injury you incurred, how the incident happened, and the Colorado statute that applies.
Medical Malpractice
Most medical malpractice claims must be filed within two years (C.R.S. § 13-80-102.5). However, the discovery rule may apply if the injury was not immediately obvious. In cases that involve delayed discovery, the filing deadline will start when bodily harm is discovered, or reasonably should have been discovered, rather than on the date the medical malpractice happened.
However, under Colorado’s statute of repose, a lawsuit typically cannot be filed more than three years after the actual date of the medical error regardless of when the injury was discovered.
Product Liability Claims
Product liability claims are generally subject to a two-year statute of limitations under C.R.S. § 13-80-106. The filing deadline usually starts on the date a person suffers an injury, or when they reasonably should have discovered that a defective product caused them harm. However, Colorado law establishes a 10-year rebuttable presumption under C.R.S. § 13-21-403(3).
This means that if an injury occurs a decade or more after the product was first sold, the law automatically presumes the product was safe and free of defects. While a lawsuit can still legally be filed, the injured party faces a significantly higher evidentiary hurdle to clear in court. Prompt legal action can help protect your rights and provide greater security in pursuing compensation.
Criminal Charges
The statute of limitations for criminal charges will differ based on the offense. Under C.R.S. § 16-5-401, different criminal statutes make up various types of filing deadlines for the prosecution of crimes, with some serious offenses having no statute of limitations.
Since these time limits vary by case, it is important to know the appropriate deadline for a specific offense before criminal proceedings begin within the criminal justice system.
Wrongful Death
A wrongful death claim must generally be filed within two years of the victim’s death (C.R.S. § 13-80-102(1)(d)). This deadline applies even to fatal motor vehicle crashes. This bypasses the three-year window usually granted to standard auto injury claims unless the crash involved a hit-and-run vehicular homicide, which allows up to four years.
Such cases allow eligible surviving family members or parties to seek compensation for losses incurred that resulted from someone else’s negligence, with Colorado law restricting filing rights specifically to a surviving spouse during the first year unless the spouse gives written consent for children to join or file before opening the claim to children or parents in the second year. Filing within the applicable time limit is critical to preserve the right to pursue legal action through the civil court system.
What’s the Deadline If a Government Entity Is Involved?
Claims made against a government entity are subject to more requirements under the Colorado Governmental Immunity Act (CGIA). Before filing a lawsuit, an injured person usually must provide written notice of the claim within 182 days after discovering bodily harm (required by C.R.S. § 24-10-109).
Missing this notice deadline may bar you from submitting a claim even if the statute of limitation has not expired. Once the notice has been submitted, you will have to wait until the government entity denies the claim or 90 days pass before you can formally file a lawsuit. However, the standard statute of limitations deadline for the original claim still applies.
How Long Do You Have to Sue for Breach of Contract?
The deadline to file a breach of contract claim will depend on the type of agreement involved. Usually, written contracts are subject to a three-year statute of limitations (C.R.S. § 13-80-101(1)(a)), whereas oral agreements are limited to two years (C.R.S. § 13-80-102(1)(c)).
Contracts involving the Uniform Commercial Code follow separate rules (C.R.S. § 4-2-725), specifically imposing a three-year deadline for transactions involving the sale of goods. Additionally, claims that involve fraud or theft may be governed by different statute of limitations depending on the facts presented. Financial institutions and other parties involved in contractual disputes may also be subject to certain legal requirements.
Can the Deadline Be Paused or Extended?
Colorado law may allow the statute of limitations to be paused or extended through tolling. Under C.R.S. § 13-81-103, if a person is a child when a claim accrues and does not have a legal representative, the filing deadline may be delayed until the disability has ended. Once the person reaches the age of majority, they are allowed to take action within the standard statute of limitations or within two years after their 18th birthday (whichever period is longer).
There are also limits to these extensions. For example, if a person under a disability dies before the deadline has passed, a legal representative will usually have to bring the action within one year after the date of death (C.R.S. § 13-81-103(1)(b)).
Does DNA Evidence Change the Deadline to File Charges?
In some cases, DNA evidence may affect when prosecutors can pursue charges, especially if the evidence identifies a suspect after the initial incident.
Colorado law has strong exceptions for certain crimes when a suspect’s identity is discovered through DNA. For instance, although standard felonies have a three-year limit, felony sexual assault has no statute of limitations if the crime was reported within 20 years and the DNA evidence later identifies the suspect. But, such evidence does not automatically extend every filing deadline.
While Colorado delays the starting clock for hiding crimes until it has been discovered, finding new DNA does not pause the timeline for everyday offenses. If new information appears, such as DNA linking a suspect to a crime, the applicable statute of limitations will depend on the particular offense and the requirements under Colorado’s criminal statutes.
What Happens When a Crime Involves a Vehicle and Death?
When a crime involves death caused by a motor vehicle, Colorado law enforces specific deadlines for prosecution. Vehicular homicide is subject to a five-year statute (C.R.S. § 16-5-401(1)(a)). In some cases, a longer filing period may apply.
If vehicular homicide and leaving the scene of an accident leading to the victim’s death are alleged to have occurred as part of the same criminal episode, prosecutors generally have 10 years to file charges under C.R.S. § 16-5-401(1)(a.5).
Are Deadlines Different for Crimes Against Children?
Colorado law provides different statutes of limitations for crimes that involve children to help protect young victims. Depending on the type of offense, the age of the victim and the crime committed affect the duration of time available for prosecutors to file charges.
More specifically, felony sex offenses against a child under the age of 18 have no filing deadline under C.R.S. § 16-5-401, indicating that charges can be brought at any point during the perpetrator’s life. For other non-sexual criminal offenses against minors, state law typically delays the start of the statute of limitations until the victim turns 18, giving prosecutors more time to seek justice.
Which Crimes Have No Statute of Limitations?
Certain types of offenses are not subject to a statute of limitations. This means that prosecutors can file charges regardless of how much time has passed by. Under C.R.S. § 16-5-401, murder, kidnapping, treason, forgery, and sexual assault or other sex crimes committed against a child generally have no filing deadline. Attempt, conspiracy, or solicitation to commit these offenses also have no statute of limitations. While many other felonies have specific filing deadlines enforced, these serious offenses can be prosecuted at any given time.
Not Sure If Your Deadline Has Passed? Contact West Coast Trial Lawyers Today
If you are not sure whether the statute of limitations has expired for your particular situation, it is important to seek legal guidance as soon as you can. Missing the filing deadline may bar you from moving forward, and a court may dismiss your claim if it is submitted too late. At West Coast Trial Lawyers, our Colorado personal injury attorneys can look into your situation, determine the legal options you have available to pursue, and advocate on your behalf before a judge finalizes a decision that could impact your ability to recover fair compensation.
To get started, we invite you to book a FREE consultation by calling (213) 927-3700 or completing our easy online contact form.
