A statute of limitations is a law prescribing a period of time for the bringing of certain kinds of legal action. As it concerns personal injury cases in Colorado, the circumstances of your injury can affect the time you have to file a case. An injury suffered by you or your family from medical malpractice has a different statute of limitations than one stemming from an auto accident.
When the clock starts ticking on your case’s statute of limitations, it can also differ from case to case. In some instances, there is a difference between the date of the incident that caused the injury and the date that the injury itself is noticed. Think about a time you’ve had strenuous exercise and felt fine afterward, but were in agony the next day. This is what’s known as the discovery rule. In these cases, the statute of limitations starts at the time the injury is discovered.
For general personal injury and wrongful death claims, Colorado’s statute of limitations is two years from the date of injury. This includes slip and fall accidents, dog bites, and more. If you are bringing your claim against the state of Colorado or city/county, you have 180 days to file a claim.
The statute of limitations in Colorado is extended to motor vehicle accidents – the timeframe is three years from the date of the accident or discovery of the injury, instead of two for a general injury. This also includes any related claims, such as if the driver whose negligence caused your injury was uninsured.
It’s important to remember that there are always exceptions to the rule. Courts have the ability to grant extensions to the statute of limitations, especially when defendants have hidden information or given misleading testimony, or if a disability prevents you from filing a case quickly enough.
If you or a family member have been injured, it’s important to take care of everything as quickly as possible.
Helpful information includes:
- Medical records
- Police reports
- Photos or video of the scene of the accident
- Photos or videos of the injury
- Information from witnesses
- Information about the circumstances surrounding the incident
And most importantly, talking about your case with an experienced personal injury lawyer as quickly as possible after the accident is key to getting the legal help you deserve. The attorneys at Ramos Law are here to help, and the earlier you consult us, the better we can assist with finding evidence and shaping your case.