Colorado Law

Colorado Statute of Limitations for Personal Injury

Colorado has specific time limits for filing personal injury lawsuits. Missing the deadline permanently bars your claim. The statute varies by case type: 3 years for general personal injury, 2 years for auto accidents and wrongful death, and 2 years for medical malpractice with a discovery rule.

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General Personal Injury: 3 Years

Under C.R.S. § 13-80-101, the general statute of limitations for personal injury claims in Colorado is 3 years from the date of injury. This applies to slip-and-fall, premises liability, product liability, dog bites, and most other PI claims.

Auto Accidents: 2 Years

Motor vehicle accident claims (car, truck, motorcycle, bicycle, pedestrian) have a shorter 2-year statute of limitations under C.R.S. § 13-80-101(1)(n). This includes collisions with rideshare vehicles and commercial trucks.

Medical Malpractice: 2 Years with Discovery Rule

Medical malpractice claims must be filed within 2 years from the date of discovery of the injury, with an absolute maximum of 3 years from the date of the negligent act (C.R.S. § 13-80-102.5). A certificate of review from a qualified medical expert is required.

Wrongful Death: 2 Years

Wrongful death claims must be filed within 2 years of the date of death under C.R.S. § 13-21-204. A survival action for the deceased's pain and suffering before death has the same deadline.

Government Entity Claims: 182 Days Notice

Claims against Colorado government entities (city, county, state) require written notice within 182 days of the incident under the Colorado Governmental Immunity Act (C.R.S. § 24-10-109). Missing this notice deadline bars the claim entirely.

Frequently Asked Questions

Your claim is permanently barred. The court will dismiss the case, and you lose all right to recover compensation.
In rare circumstances: the discovery rule (for hidden injuries), tolling for minors (until age 18), or tolling for mental incapacity. Consult an attorney immediately.
The statute applies to lawsuits. Insurance claims have separate deadlines in your policy. However, most attorneys recommend filing claims well before the statute expires.

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