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How much time do I have to sue in a personal injury case in Colorado?

| Oct 9, 2021 | Personal Injury |

If you sustain an injury in a car accident caused by someone else’s negligence, you may be eligible for compensation for your damages. You must either file a claim with the insurance company or a personal injury lawsuit in the state’s civil court to get the compensation you deserve. 

As an accident victim in Colorado, you have the right to file a personal injury claim – but only within a certain timeframe. This timeframe is legally known as the “statute of limitations.” Knowing how Colorado’s statute of limitations for personal injury works can help you safeguard your rights and avoid trouble with your claims down the road. 

What is Colorado’s statute of limitations for personal injury cases?

As already indicated, a statute of limitations sets the timeframe within which you must initiate legal proceedings against the at-fault party. In Colorado, the circumstances of your injury will affect the time you have to file your lawsuit. For instance, an injury resulting from medical malpractice will have a different statute of limitations from the one sustained in a car crash. 

For a personal injury sustained in a car accident, you have three years from the date of the accident to sue the negligent party. This includes any related claims, such as if the motorist whose recklessness caused your injury was operating a motor vehicle without insurance. 

Exceptions to Colorado’s statute of limitations for personal injury

Not all personal injury suits have the same deadlines. You may be able to file your claim or lawsuit after the statute of limitations has lapsed, depending on the circumstances of your case. If the at-fault party faces a criminal trial from the accident, the clock may not start ticking until the criminal case concludes. 

Other factors that may affect the timeline of your personal injury lawsuit include:

  • The discovery rule
  • Government tort claims
  • Whether the victim was a minor at the time of the accident

Getting involved in an auto accident can turn your life upside down. If you suffer an injury due to another motorist’s reckless behavior, you must act quickly to file a personal injury claim against the at-fault party so you can get the compensation you deserve.