If you or a loved one has been hurt in an accident, you may be wondering how long you have to file a personal injury claim. While you should be focusing on healing and recovering from your injuries, waiting too long could mean losing your right to seek compensation and take legal action. You typically have two years to file a personal injury claim in Colorado. That being said, there are some crucial considerations you should be aware of during the legal process.
At Schofield & Green Law, we’re a personal injury law firm in Colorado Springs here to make sure you understand your rights and the steps you need to take. Time is of the essence when it comes to personal injury claims, and we’re here to guide you through the process, ensuring you don’t miss any crucial deadlines.
In this blog, we’ll break down the timeline for filing a claim in Colorado and how we can help you navigate the legal system with confidence. Let’s get started.
What is the Colorado Statute of Limitations for Personal Injury Claims?
The statute of limitations refers to the length of time you have to pursue legal action. That means you have a set amount of time to file a personal injury claim against a negligent party or you risk your right to pursue legal action at all.
For personal injuries, you typically have two years to file a claim in Colorado. For car accidents, the statute of limitations is three years to file a claim. You must remember that Colorado’s statute of limitations typically begins on the date of your injury.
What Types of Injuries Follow the Statue of Limitations?
After an accident, it can be hard to think about legal deadlines when you’re focused on getting better. But knowing the types of injuries that typically come with a two-year deadline in Colorado is key to protecting your rights.
Acting within this window ensures you have the chance to pursue compensation and hold negligent parties accountable. Common types of injuries with a two-year filing deadline include:
- Injuries from slips, trips, or falls
- Harm caused by unsafe or faulty products
- Medical injuries resulting from provider negligence
- Workplace injuries
- Dog bites or attacks
What to Know About Car Accident Claims and Statute of Limitations
Car accidents can have devastating consequences, from serious injuries to mounting financial burdens. In Colorado, you generally have three years to file a claim for damages caused by a motor vehicle crash. This timeline applies to incidents involving cars, motorcycles, trucks, and collisions with pedestrians or cyclists.
Despite having more time, acting quickly is still crucial. Gathering evidence like police reports, witness statements, and photographs from the scene becomes more challenging as time passes. Prompt legal action strengthens your ability to recover compensation for medical bills, lost wages, and vehicle damage.
Exceptions to Colorado’s Personal Injury Statute of Limitations
Not all situations fit within the two-year rule (or three-year rule for car accidents) for personal injury claims. In some cases, certain factors can extend or pause the deadline, giving you more time to file. Here is what you should know:
Injuries Involving Minors
If the injured person is a minor (under 18), the statute of limitations may be delayed until they turn 18, giving them until their 20th birthday to file a claim. Minors have two years from their 18th birthday to file a claim or their original statute of limitations, whichever is longer. However, if you are the parent or guardian of an injured minor, you do not need to wait until your child turns 18 to seek justice for damages; you can start this process now, even if the child is under the age of 18.
Mental Incapacity
If the injured person is mentally incapacitated at the time of the accident, the filing deadline may be paused until they regain the ability to file a personal injury claim in which the two-year or three-year deadline will resume once they regain mental capacity.
Fraud or Concealment
If the at-fault party intentionally hides their involvement or the true cause of the injury, the statute of limitations may be paused until the fraud is discovered or should have been discovered within reason.
Delayed Discovery of Injury (The Discovery Rule)
If an injury is not immediately apparent, the statute of limitations may be extended. The clock begins when the injury is discovered or should have been discovered with due diligence, rather than from the date of the accident. This rule is commonly applied in cases like medical malpractice where an injury may not be apparent until much later.
Government Claims
If your injury involves a government entity — local, state, or federal — special rules apply. In Colorado, you must file a notice of claim within 180 days (roughly six months) of discovering the injury. This notice informs the government of your intent to sue, but it’s not the actual lawsuit. After submitting your notice, you must wait an additional 90 days minimum before you can file a formal lawsuit. These 90 days give the government time to investigate, address your claim, or potentially deny it altogether.
Why Timing Matters in Personal Injury Claims
When it comes to personal injury claims, time is crucial. Evidence such as witness testimony, medical records, and accident scene details can be lost or damaged over time, making it more difficult to prove your case.
Delaying your claim could weaken the connection between your injuries and the accident itself, potentially lowering the value of your claim or making it more difficult to win. Furthermore, waiting too long might risk missing key opportunities for settlement or negotiation, potentially leaving you with less compensation than you deserve or no compensation at all.
What Happens if the Statute of Limitations Runs Out?
If the statute of limitations expires, you lose the right to file a lawsuit and seek compensation, and the courts will not allow your claim to move forward. This means you can no longer hold the responsible party accountable in court. Without the ability to take legal action, you could be left to cover expenses like medical bills and lost wages on your own.
Additionally, insurance companies may disregard your claim, making it nearly impossible to negotiate a fair settlement. Missing the filing deadline could ultimately leave you without the financial recovery you deserve.
How to Protect Your Personal Injury Claim
Filing a personal injury claim involves more than just knowing the deadline — it’s about taking the right steps from the moment of the accident to ensure your claim is as strong as possible. There are several ways to protect your timeline and give yourself the best chance for a successful case:
1. Seek Medical Attention Immediately
Even if your injuries seem minor, you need to see a doctor as soon as possible. Not only does this safeguard your health, but it creates an official record of your injuries, which is crucial for your claim. Delaying treatment may weaken your case and could be used to argue that your injuries weren’t severe enough to warrant a claim in the first place.
2. Document Everything
Keep track of every detail related to your accident and injuries. This includes taking photos of the scene, your injuries, any property damage, and collecting contact information from witnesses. Additionally, maintain a journal of your recovery, doctor’s appointments, and how your injuries affect your daily life. Detailed records can be vital in proving the extent of your injuries and their impact.
3. Avoid Posting About the Accident
In today’s digital world, it may seem harmless to share your recovery journey or post about your accident. However, anything you share online could be used against you in court. Insurance companies and opposing attorneys often scour social media for information that can weaken a case. Keep details about your accident private, and avoid making any posts related to it.
4. Contact a Personal Injury Attorney ASAP
An experienced personal injury attorney can help you understand your rights and obligations from day one. The sooner you get legal advice, the better equipped you’ll be to avoid mistakes that could hurt your case. A lawyer can also ensure you meet all deadlines and handle legal paperwork accurately.
5. Don’t Wait to File Your Claim
Although you may have some time to file your personal injury claim, it’s always best to act sooner rather than later. Delaying the filing process can lead to missed evidence, lost witness testimony, and complications with your case. The longer you wait, the harder it may be to gather critical information or hold negligent parties accountable. Ideally, you should work with a personal injury lawyer who can walk you through the legal process and ensure your claim is the strongest it possibly can be for maximum compensation.
We’re Here to Guide You Through Personal Injury Claims
The clock is ticking, and timing is critical to securing the compensation you deserve. Filing a claim too early may result in incomplete information that could affect the outcome of your case. Waiting too long can jeopardize your right to seek compensation at all. Working with an experienced personal injury attorney can help you find balance and strengthen your case.
At Schofield & Green Law, we’re a Colorado Springs personal injury law firm dedicated to guiding you through the legal process. With a proven track record of winning tens of millions for our clients, we combine a compassionate, client-focused approach with a relentless pursuit of justice. We only work on a contingency fee basis, meaning you don’t pay unless we win your case.
Get started with a free case consultation, and let us handle the legal complexities while you focus on healing.
