Colorado Personal Injury Laws and Statutes of Limitations

Colorado's Statutes of Limitations for Personal Injury Lawsuits

Colorado, like every state, has deadlines—called "statutes of limitations"—that limit your time to file a personal injury lawsuit in court. We start with the general rule in most PI cases, then we'll look at some special rules that apply in certain cases and situations.

Colorado's General Rule: Two Years From the Date of Injury

Colorado's general rule is that lawsuits involving injuries caused by negligence (carelessness) must be filed in court within two years. (Colo. Rev. Stat. § 13-80-102(1) (2024).) Most PI cases are based on claims of negligence. This two-year limitation period specifically applies to:

• most lawsuits for wrongful death, and
• cases against the government—state or local—or a government employee.

(Learn more about Colorado wrongful death lawsuits.)

For most PI cases, the two-year clock starts to run on the date you're injured. In the case of a wrongful death, the time to file typically runs from the date of death.

Colorado's "Discovery Rule"

You might not know right away that you've been injured. Should that happen, ask your lawyer if Colorado's "discovery rule" might apply to your case. Under the discovery rule, the filing deadline clock doesn't start running on the date you're injured. Instead, it starts on the earlier of the date that you:

• discover your injury and what caused it, or
• should have discovered your injury and what caused it, had you been reasonably diligent.

(See Colo. Rev. Stat. § 13-80-108(1) (2024).)

Special Statutes of Limitations for Certain Cases

Under Colorado law, some kinds of PI claims have their own statute of limitations. Here are a few examples.

Motor vehicle accidents. Most motor vehicle accident lawsuits must be filed within three years. (Colo. Rev. Stat. § 13-80-101(1)(n) (2024).) Colorado's discovery rule, discussed above, controls the date the three-year deadline starts running. (Colo. Rev. Stat. § 13-80-108(12) (2024).) A wrongful death case against a person who commits vehicular homicide and flees the scene has a four-year limitation period. (Colo. Rev. Stat. § 13-80-102(2) (2024).)

Medical malpractice. When you're hurt by a negligent hospital, doctor, or other health care provider, typically you've got two years to file a medical malpractice lawsuit. (Colo. Rev. Stat. § 13-80-102.5(1) (2024).) The discovery rule (see above) applies.

But in a medical malpractice case, Colorado puts a deadline on the time you have to discover your injury. This deadline—called a "statute of repose"—is three years from the date of the malpractice. This means that your lawsuit is time barred after three years from the date the malpractice happens, even if you didn't discover your injury before the deadline expired.

The three-year statute of repose doesn't apply in some circumstances, and there's a special deadline when a child younger than six years old is injured by medical malpractice. (Colo. Rev. Stat. § 13-80-102.5(3) (2024).)

(Learn more about Colorado's medical malpractice laws, including the statute of limitations.)

Intentional injuries. When you're injured by an intentional tort (misconduct that's intentional, not negligent) you have one year to sue. (Colo. Rev. Stat. § 13-80-103(a) (2024).) This one-year limitation covers lawsuits for:

• assault and battery
• false arrest and false imprisonment, and
• defamation.

Dangerous products. A lawsuit against a manufacturer or seller of a dangerous product must, as a general rule, be filed within two years from the date of your injury. (Colo. Rev. Stat. § 13-80-106(1) (2024).)

Ski area operators. The deadline to sue a ski area operator (or an employee of a ski area operator) is two years from the date you were hurt. (Colo. Rev. Stat. § 33-44-111 (2024).)

Can Colorado's Statute of Limitations Be Extended?

In some situations, Colorado extends the filing deadline, allowing you more time to sue. Here are a couple of examples.

Legally disabled persons. A person who's legally disabled can't manage their own affairs or take certain actions—like file a lawsuit—without the help of a parent, guardian, or court. Under Colorado law, when a legally disabled person is injured, they might get extra time to file a lawsuit. (Colo. Rev. Stat. § 13-81-103(1) (2024).) Legally disabled persons include:

• minors (younger than 18 years old)
• those who have been found mentally "incompetent," and
• others who are legally disabled and without a representative to act for them.

(Colo. Rev. Stat. § 13-81-101(3) (2024).)

Defendant leaves Colorado or goes into hiding. 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. (Colo. Rev. Stat. § 13-80-118 (2024).)