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What Is The Colorado Personal Injury Statute of Limitations?

Personal Injury Lawyers at Metier Law Firm Car and Truck Accident Attorneys explain the Colorado Statute of Limitations for accident claims and why they matter

Colorado Statute of Limitations Guide

What is the Personal Injury Statute of Limitations in Colorado

By Michael DiPaolo

3 min read

If you've been injured in a car or truck accident in Colorado, understanding the Lady Justice statue on a deskstatute of limitations is crucial for protecting your right to compensation. As experienced Colorado personal injury lawyers, our team at Metier Law Firm Car and Truck Accident Attorneys regularly see cases where accident victims wait too long to take legal action, potentially jeopardizing their ability to recover damages for their injuries.

What is a Statute of Limitations?

A statute of limitations is essentially a legal deadline for filing your injury claim in court. In Colorado, this deadline varies depending on the type of accident that caused your injuries. For most personal injury cases, you have two years from the date of the incident to file your claim. However, if you've been involved in a car or truck accident, Colorado law provides a more generous three-year window to file your lawsuit.

Why Timing Matters in Your Injury Case

You might be wondering why these deadlines are so important. Consider this: if you wait too long to file your claim, the court will likely dismiss your case regardless of how severe your injuries are or how clear the other party's fault might be. This means you could lose your right to compensation for:

  1. Medical expenses

  2. Lost wages

  3. Pain and suffering

  4. Vehicle damage

  5. Future medical care

Special Circumstances That May Affect Your Filing Deadline

While the standard time limit is three years for vehicle accidents, there are some important exceptions to be aware of:

The Discovery Rule

Sometimes, injuries aren't immediately apparent after an accident. Colorado law recognizes this through the "discovery rule." If you can prove that you couldn't reasonably have discovered your injury until later, the court may extend your filing deadline. This is most common in medical malpractice cases when the person doesn’t immediately know that they have been injured.  
For most Colorado car and truck accidents, the discovery rule does not apply and the statute of limitations begins on the date of the accident.  However, it's crucial to consult with a Colorado personal injury attorney as soon as you become aware of any injury.

Tolling of the Statute

In certain situations, the statute of limitations may be "tolled" or paused. This commonly applies to:

  • Minors

  • Individuals who are medically incapacitated

  • Military service members on active duty

  • Cases involving fraudulent concealment of evidence

Why You Shouldn't Wait to Contact a Lawyer

Even though you may have three years to file your claim, waiting until the last minute is never advisable. Here's why:

  1. Evidence can disappear or become harder to obtain

  2. Witnesses' memories may fade

  3. Important documentation might be lost or destroyed

  4. Insurance companies may be less willing to negotiate

  5. Your attorney will need time to properly investigate and build your case

Take Action to Protect Your Rights

If you've been injured in a car or truck accident in Colorado, time is of the essence. The experienced team at Metier Law Firm Car and Truck Accident Attorneys has been handling personal injury cases for over four decades. We understand the complexities of Colorado's statute of limitations and how to protect your rights effectively.

Don't risk losing your right to compensation by waiting too long or trying to handle your case alone. Our Colorado personal injury attorneys are here to guide you through every step of the legal process, ensuring your claim is filed properly and within the required timeframe.

Contact Metier Law Firm Car and Truck Accident Attorneys today for a free consultation today at 866-377-3800 or visit us online at metierlaw.com to schedule your free consultation. Let our experienced legal team help you understand your rights and options while there's still time to act. Remember, in the world of personal injury law, timing isn't just important—it's everything.

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