Deadlines to File an Injury Lawsuit in Colorado
How long you have to sue in Colorado for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: Most tort lawsuits, including negligence claims for personal injury, must be filed within two years after the claim accrues. Injury and property-damage claims arising from the use or operation of a motor vehicle have three years. Colo. Rev. Stat. §§ 13-80-102(1)(a), 13-80-101(1)(n), 13-80-103(1)(a)
| Deadline to sue for an injury | Most tort lawsuits, including negligence claims for personal injury, must be filed within two years after the claim accrues. Injury and property-damage claims arising from the use or operation of a motor vehicle have three years. Assault, battery, false imprisonment, libel and slander have one year. |
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| Deadline to sue for property damage | Property damage from a car accident (a tort arising from use or operation of a motor vehicle) must be filed within three years, as must actions for taking, detaining or converting personal property. Other tort claims for property damage, such as negligence or trespass not involving a motor vehicle, have two years. |
| Medical malpractice deadline | A lawsuit against a licensed health care professional or institution must be filed within two years after the claim accrues, and no later than three years after the act or omission. The three-year outer limit does not apply if the act was knowingly concealed or a foreign object was left in the body (two years from discovery in those cases), or if both the injury and its cause were not and could not have been known. A child who was under 6 at the time may sue any time before turning 8, and other persons under a legal disability have special time periods. Source: Colo. Rev. Stat. § 13-80-102.5 |
| Wrongful death deadline | A wrongful death lawsuit must be filed within two years after the claim accrues. If the defendant committed vehicular homicide and left the scene of the accident in the same episode, the deadline is four years. |
| Suing the government | Under the Colorado Governmental Immunity Act, a person injured by a public entity or its employee must file a written notice of claim within 182 days after discovering the injury; this is a jurisdictional requirement, and missing it bars the claim. The notice must give the facts, the injury and the amount of damages requested, and is filed with the Attorney General for claims against the State, or with the governing body or attorney of any other public entity. Recovery is capped at $350,000 for one person and $990,000 for two or more people in a single occurrence, with these amounts adjusted for inflation every four years and published by the Secretary of State. A public entity may raise its own limits by resolution. |
More Colorado personal injury & wrongful death
- Wrongful Death Lawsuits in Colorado
- Medical Malpractice Rules in Colorado
- Car Accident Claims in Colorado
- Dog Bite Liability in Colorado
- Slip, Trip and Fall Injuries in Colorado
- Sidewalk and Public Property Falls in Colorado
- Motorcycle Accident Claims in Colorado
- Pedestrian Accident Claims in Colorado
- Bicycle Accident Claims in Colorado
- Uber and Lyft Accident Claims in Colorado
- Truck Accident Claims in Colorado
- Construction Site Injuries in Colorado
- All Colorado personal injury & wrongful death rules
FAQ
What is the statute of limitations for personal injury in Colorado?
Most tort lawsuits, including negligence claims for personal injury, must be filed within two years after the claim accrues. Injury and property-damage claims arising from the use or operation of a motor vehicle have three years. Assault, battery, false imprisonment, libel and slander have one year.
How long do you have to sue for property damage in Colorado?
Property damage from a car accident (a tort arising from use or operation of a motor vehicle) must be filed within three years, as must actions for taking, detaining or converting personal property. Other tort claims for property damage, such as negligence or trespass not involving a motor vehicle, have two years.
What is the statute of limitations for medical malpractice in Colorado?
A lawsuit against a licensed health care professional or institution must be filed within two years after the claim accrues, and no later than three years after the act or omission. The three-year outer limit does not apply if the act was knowingly concealed or a foreign object was left in the body (two years from discovery in those cases), or if both the injury and its cause were not and could not have been known. A child who was under 6 at the time may sue any time before turning 8, and other persons under a legal disability have special time periods.
How long do you have to file a wrongful death lawsuit in Colorado?
A wrongful death lawsuit must be filed within two years after the claim accrues. If the defendant committed vehicular homicide and left the scene of the accident in the same episode, the deadline is four years.
How do you file an injury claim against the government in Colorado?
Under the Colorado Governmental Immunity Act, a person injured by a public entity or its employee must file a written notice of claim within 182 days after discovering the injury; this is a jurisdictional requirement, and missing it bars the claim. The notice must give the facts, the injury and the amount of damages requested, and is filed with the Attorney General for claims against the State, or with the governing body or attorney of any other public entity. Recovery is capped at $350,000 for one person and $990,000 for two or more people in a single occurrence, with these amounts adjusted for inflation every four years and published by the Secretary of State. A public entity may raise its own limits by resolution.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.