Statute of Limitations Colorado Statute of Limitations, Civil Actions

The Colorado Statute of Limitations for civil actions sets a time limit after an injury or civil wrong occurs, during which an injured party can file a lawsuit. After that period of time expires, the injured party is no longer permitted to file a claim in a Colorado state court to litigate that matter. The statute ensures that lawsuits that have merit and worthy of being heard are filed within a reasonable time or not at all.

How Does the Statute of Limitations Operate?

The period of time to file a claim will vary depending upon the type of incident that occurred. A claim against a doctor for medical malpractice may be for a different length of time than against an accountant for negligence or fraud. The Colorado statute of limitations can generally be found within the Colorado Revised Statutes, Title 13, Article 80 and covers the following rules and exceptions in greater detail.

When does the Colorado Statute of Limitations Begin?

Other than for specific exceptions, the Colorado statute of limitations generally begins to run at the time when a "cause of action arises" - in other words, at the time when an injury occurs that would qualify for a lawsuit to be filed in a Colorado state court.

What is the Discovery Rule?

There are times when a person is unable to discover that they have been injured. For example, fraud that is concealed by an accountant and is not easily discoverable or a medical condition resulting from a doctor's misdiagnosis that can only be detected after the patient's health deteriorates. It wouldn't be fair or reasonable to require the injured party to file a lawsuit when they could not have detected the injury. As a result, in some instances the Colorado statute of limitations begins to run from the time the injured party discovers or should have discovered that they have been injured. Please check the statute carefully to determine whether this might be the case or have a consultation with an experienced Colorado attorney.

Delaying or Tolling the Colorado Statute of Limitations

In certain circumstances, fairness would require that the statute of limitations be delayed for a period of time. A party may not have the ability to bring a case even though they are aware of an injury or damages. Delaying or "tolling" the statute of limitations typically occurs when the plaintiff is "disabled" - such as a minor child or a person who is mentally incompetent. Once the disability ends, the statute of limitations begins to run.

Calculating the length of time that a plaintiff has to file a lawsuit is complicated and involves many factors and exceptions. Parties that have suffered significant injuries or damages may wish to consult with a Colorado attorney to ensure that all claims and notices are filed within the time limits set forth by law.

Colorado Civil Code: Colorado Revised Statues

Personal Injury and Negligence

2 years, generally, from the date the injury or negligence occurred. 3 years for personal injuries resulting from motor vehicle accidents. Discovery rule applies. See §13-80-103(1)(a) and §13-80-101(n)

Wrongful Death

2 years from the date of death.

Medical Malpractice

2 years with the Discovery Rule. Maximum of 3 years from the date of the malpractice. If the medical malpractice involved deliberate concealment or a foreign object then 2 years from the date of discovery. Children who were under 6 years of age at time of the malpractice may bring a claim prior to their 8th birthday. Limits on damages include $1 million for pain and suffering. See §13-80-102

2 years against a veterinarian. See §13-80- 102(1)(c)

Legal and Professional Malpractice

2 years with the Discovery Rule.

Products Liability

2 years with the Discovery Rule.

Assault and Battery

1 year.

False Imprisonment

1 year.

Comparative Negligence

Plaintiff must not be more negligent than the defendant (or defendants combined) in order to bring a lawsuit. Plaintiff barred from recovery if 50% or more at fault for the injury.

Contracts

3 years for written contracts, 3 years for oral contracts.

Fraud

3 years from the date of the fraud or from the date the fraud should have been discovered.

Personal Property Damages

2 years.

Trespass

2 years.

Libel / Slander / Defamation

1 year from the date of publication (or the date when spoken).

Debt Collection Accounts

6 years where there was a contract. See §13-80- 103.5

Collection of Rent

6 years. See §13-80-103.5(1)(b)

Judgment Enforcement

6 or 20 years, renewable every 6 years. (Depends upon the court issuing the judgment.)

Disabilities

Tolling available for infancy / minors ( up until 18th birthday). Also includes insanity, incompetence and imprisonment.

Charitable Immunity

None.

Liability of State and Municipalities

Municipality must be sent a notice of claim within 6 months after the date of the discovery of the injury.

No-Fault Insurance

None.

Consumer Fraud Complaints

Colorado Office of the Attorney General, Consumer Protection
(303)866-4500

Please Take Note: The statute of limitations laws presented are strictly provided to you "as-is". While we believe that the legal information is accurate as of the date created, we cannot and do not provide any guarantee, analysis or conclusions. The law may have changed since this article was published. The only way to ensure that the statute of limitations law you are reading is up to date and applies to your specific issue, is to have a legal consultation with an attorney licensed to practice law in the state of Colorado.
Jurisdiction
  1. Colorado
Lawsuits, Disputes
Statute Of Limitations
About author
Michael Wechsler
Michael M. Wechsler is an experienced attorney, founder of TheLaw.com, A. Research Scholar at Columbia Business School and of-counsel to Kaplan, Williams & Graffeo, LLC. He was also an SVP and chief Internet strategist at Zedge.net and legal consultant at Kroll Ontrack, a leading service e-discovery and computer forensics service provider.

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