Colorado Statute of Limitations for Civil Cases

In Colorado, the statute of limitations for civil cases is the time frame in which a lawsuit must be filed after an event occurs. These time frames vary by type of case, meaning the statutory times vary for personal injury, car accident, medical malpractice, etc. Knowing the statute of limitations for your type of case is key, as missing the deadline means you will be barred from filing a claim. Colorado also has special government claim notice requirements when you file a claim against a state or local government entity.

Statutes of Limitations

The statute of limitations is the legal deadline to file a lawsuit. Colorado Revised Statutes Section 13-80-102 outlines these deadlines by type of civil claim. Here’s a few of the statute of limitations for common civil cases in Colorado:

1. Personal Injury (Slip and Falls, Premises Liability)

• Statute of Limitations: 2 years
• Details: Slip-and-fall cases are personal injury cases where the injured party must file a claim within 2 years from the date of the injury. These are premises liability cases where the property owner may be liable for not maintaining safe conditions. After 2 years from the date of the injury, your claim will be barred from filing a claim.

2. Motor Vehicle Accidents

• Statute of Limitations: 3 years
• Details: Colorado allows 3 years to file a lawsuit for damages from a car, motorcycle or truck accident. This includes property damage and personal injury claims. Even if the evidence is clear cut, you must file within this time frame to keep your case alive.

3. Medical Malpractice

• Statute of Limitations: 2 years, with exceptions
• Details: For medical malpractice cases, the standard statute of limitations is 2 years from the date of the alleged malpractice. However, Colorado law has a “discovery rule” which allows the deadline to extend if the injury wasn’t discovered immediately. Despite this exception, there is an absolute 3-year cutoff, so if more than 3 years pass since the incident, you can’t file a claim, regardless of when you discovered the injury.

4. Product Liability

• Statute of Limitations: 2 years
• Details: Product liability cases, including defective products, are 2 years. These cases require evidence the product was inherently defective or had defects that caused the injury. Colorado has a discovery rule for product liability cases too, so if the injury wasn’t discovered immediately, the deadline can extend.

5. Defamation (Libel and Slander)

• Statute of Limitations: 1 year
• Details: Defamation cases, whether libel (written) or slander (spoken) must be filed within 1 year of the defamatory statement. This short time frame is why it’s so important to act quickly if you need to seek legal remedy for harm to your reputation.In every case, you should check with a lawyer in your area. The information on this blog is not case-specific. Remember, if you miss a Statutory Deadline, you could be permanently barred from filing a suit, no matter how strong your case is.

Government Claim Notice Requirements in Colorado

When suing a government entity, such as the state, county or city, special rules apply. Colorado’s Colorado Governmental Immunity Act (CGIA) requires anyone planning to sue a government entity to submit a formal claim notice first. The notice must be submitted within 182 days (about 6 months) of the injury or loss and if you don’t comply with this notice requirement you can’t file a lawsuit against the government entity.

What to Include in the Government Claim Notice

A government claim notice should have:

• Claimant’s name and address
• Detailed description of the incident, including date, time and location
• Statement of damages or injuries
• Name of the government agency or employee, if known Make sure to be accurate in these notices as they are the basis for any subsequent lawsuit. The notice is filed with the Attorney General’s Office.

Types of Cases that Require a Government Claim Notice

• Roadway Accidents Caused by Government Negligence: This includes cases where the government created an unsafe road condition or a government vehicle caused the accident.
• Slip and Fall on Government Property: If someone slips on an icy government sidewalk or encounters another hazard on public property, they must file a notice before they can sue.
• Medical Malpractice at a State/Government Hospital: Cases involving government-run medical facilities also require notice within 182 days.

Exceptions and Special Circumstances

Colorado has strict statutes of limitations but there are some exceptions based on specific circumstances such as:

• Discovery Rule: If the injury or wrongdoing wasn’t immediately apparent, the statute of limitations may be extended for the time of discovery.
• Minors and Incapacitated Individuals: Colorado law allows for extensions when the victim is a minor or has a legal disability that prevents them from filing a claim.

If You Miss a Statute of Limitations or Notice Requirement

If you miss a statute of limitations or government claim notice deadline, it can have big consequences. In most cases, the court will dismiss the lawsuit if filed after the deadline and you can’t recover any damages. When dealing with government entities, missing the notice deadline will often result in the claim being quickly dismissed.

To comply with deadlines and procedural requirements, anyone considering a civil lawsuit in Colorado should seek legal advice as soon as possible. Lawyers can help you determine which statutes apply, file the notices correctly, and gather the necessary evidence within the timeframes. Remember, even after you file the Claim Notice, there are still applicable Statutes of Limitations in the case.

Summary

Colorado’s statute of limitations and government claim notice requirements are crucial for anyone seeking justice in a civil case. Each case type – personal injury to breach of contract – has its own deadlines and procedural requirements. Government claims require extra attention, as the notice requirement is very short at 182 days.

Filing a civil claim in Colorado requires prompt action and legal advice to make sure claims are filed within the statutory time.

Here are some Statutes on common cases:

Type of Claim	Statute of Limitations	Additional Details
Personal Injury (Slip and Fall)	2 years	Includes premises liability and negligent property maintenance
Motor Vehicle Accidents	3 years	Covers car, motorcycle, and truck accidents
Medical Malpractice	2 years (up to 3 years with discovery rule)	Maximum 3 years from the date of malpractice
Product Liability	2 years	Discovery rule applies if injury wasn’t immediately apparent
Defamation (Libel and Slander)	1 year	Includes both written (libel) and spoken (slander) defamation
Government Claims	182 days (notice of claim)	Requires filing notice within 182 days before suing
Wrongful Death	2 years	Starts from the date of death
Property Damage	2 years	Includes damage from negligence or trespassing

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