Detailed Answer
Short answer: In Colorado, most personal injury claims must be filed in court within two years of the date of the injury. If you do not settle and you also do not file a lawsuit before the statute of limitations expires, a court will almost always bar your claim and you will lose the right to recover money through litigation. There are limited exceptions that can extend or suspend (“toll”) the deadline in special circumstances, but you should not rely on those without legal advice.
Which law sets the time limit?
Colorado’s deadline for many personal injury claims is set in the Colorado Revised Statutes (Title 13, Actions). See Colorado Revised Statutes, Title 13 (Actions) for the governing provisions: https://leg.colorado.gov/statutes. The common statutory deadline for bodily-injury claims is two years from the injury or from the date the injury was discovered or should have been discovered.
What happens if you miss the deadline?
- If you miss the statute of limitations, the defendant (the person or company you would sue) can file a motion to dismiss the case as time-barred. Unless a court finds a valid exception, the judge will dismiss your lawsuit and you will be unable to recover damages in court.
- An expired statute of limitations is an affirmative defense. That means the defendant must raise it. If they do not, a court could still enforce the law later, but defendants typically assert it promptly.
- Even if you are negotiating a settlement after the deadline expires, the defendant is under no legal obligation to settle. Some defendants will still negotiate and pay after the deadline, but you lose procedural leverage and the legal remedy if they refuse.
Common exceptions and ways the deadline can change
Some situations can extend or postpone the running of the statute of limitations. Common examples include:
- Discovery rule: If you did not and could not reasonably have discovered the injury right away (for example, some medical malpractice or toxic exposure cases), the deadline may start when you discovered the injury or should have discovered it.
- Minor plaintiffs: If the injured person is a minor, Colorado law may toll the limitation period until the minor turns 18 in some cases.
- Fraudulent concealment: If the defendant actively hid facts that prevented you from discovering your claim, a court may allow tolling.
- Incapacity or imprisonment: Disability of the plaintiff (mental incapacity or incarceration) can sometimes toll the period.
- Claims against government entities: Claims against state or local government often have separate, shorter notice requirements and special procedures. You often must give prompt written notice to the governmental entity within a specific timeframe (sometimes months, not years) before filing a lawsuit. See Colorado’s rules on government claims and immunity for details: Colorado Governmental Immunity Act (leg.colorado.gov).
Practical consequences
– If you miss the deadline, you generally cannot sue later and will likely be unable to force a payment for your injuries through the courts.
– Insurance companies know the deadlines and may refuse to negotiate once a claim is time-barred.
– Even when a claim is time-barred, the other side may voluntarily settle, but that is a negotiation you cannot force through litigation.
What you should do now
- Act quickly: preserve evidence (photos, medical records, witness information, vehicle damage, receipts).
- Talk to an attorney before the deadline. An attorney can: verify the exact deadline for your case, identify any tolling rules that might change the deadline, and help file a lawsuit if needed.
- If the defendant is a government body, act immediately to comply with notice rules—those rules can be much shorter than two years.
- Keep records of all communications and settlement offers.
Practical example (hypothetical): You were injured in a Colorado car crash on August 1, 2024. Unless an exception applies, you generally must either file a lawsuit or reach a binding settlement by August 1, 2026. If you try to file on August 2, 2026, the defendant will likely move to dismiss your case as untimely.
This is a general overview. The exact statute, deadlines, and exceptions depend on the facts of each case and on the precise statutory language and case law. See Colorado Revised Statutes (Title 13) for statutes governing actions: https://leg.colorado.gov/statutes. For governmental claims, see the Governmental Immunity Act information: https://leg.colorado.gov/content/governmental-immunity-act.
Disclaimer: I am not a lawyer and this is not legal advice. This information is educational only. For advice about your specific situation, consult a licensed Colorado attorney as soon as possible.
Helpful Hints
- Do not assume settlement negotiations alone preserve your rights. If you think settlement may not conclude before the deadline, file a lawsuit to protect your claim and continue negotiations.
- Mark the deadline in your calendar as soon as possible and confirm it with an attorney—statute-of-limitations rules can vary by claim type.
- If the defendant is a government entity, contact an attorney immediately to meet the short notice requirements that often apply.
- Keep medical treatment records and bills; courts and insurers expect documentation connecting your injury to the defendant’s conduct.
- If you were unaware of your injury at the time (latent injury), document when you first learned of it; the discovery date may control the filing deadline.
- Ask potential attorneys about tolling doctrines (minority tolling, fraudulent concealment, incapacitation) if you believe an exception may apply.
- Even late in the statutory period, consult an attorney — many legal tasks (drafting pleadings, issuing preservation letters, sending timely notices) can be completed quickly to protect your rights.