Colorado Personal Injury Statute of Limitations – How Long You Have to File a Claim

If you have been injured in Colorado, the clock is already ticking on your right to file a lawsuit and seek compensation. Colorado law sets strict deadlines for personal injury claims, and missing those deadlines almost always means losing your case permanently. This guide breaks down every filing deadline, exception, and trap you need to know.

Key Takeaways

• Most personal injury cases in Colorado carry a two-year statute of limitations measured from the date the injury occurred. Motor vehicle accidents, including a typical car accident, follow a different rule: three years from the date of the crash under Colorado's statute at CRS § 13-80-101(1)(n). The statute of limitations starts on the date of injury in most situations, not when treatment ends or when an insurance company finishes reviewing your claim.

• Missing the filing deadline bars your right to sue. If the limitations expires before you file, the defendant can ask the court to dismiss the case, and Colorado judges grant that request in nearly every instance. You lose your chance at receiving compensation for medical bills, lost wages, and pain and suffering.

• Special rules apply to wrongful death claims (two years from date of death), cases involving minors or mental incapacity (tolling provisions that can extend deadlines), and claims against government entities (written notice within 182 days of discovering the injury). Some of these rules shorten your available time; others extend it. Getting the wrong deadline is as dangerous as missing the right one.

• If you have been hurt in an accident anywhere in Colorado, call Johnston Law Firm, LLC in Pueblo right now at tel: (719) 309-9484 or message us online to protect your filing deadline before it passes.

Overview: Time Limits for Personal Injury Cases in Colorado

Colorado statutes set strict time limits for bringing civil actions in personal injury cases. Courts very rarely excuse late filings, and there is no general "good cause" exception that lets a judge override a missed deadline.

The general rule for negligence-based claims, such as slip and fall accidents on someone else's property or injuries from dangerous conditions, is a two-year time limit. Motor vehicle accidents and many car accident claims carry a three-year limit. Both deadlines run from specific dates defined in the applicable statute.

Johnston Law Firm, LLC is based in Pueblo and helps injury victims throughout Colorado, including Otero, Fremont, Custer, Huerfano, Las Animas, and Crowley Counties, calculate and meet their legal deadlines. If you have been injured in an accident and are unsure how much time you have, contact a Colorado personal injury attorney at tel: (719) 309-9484 or send us a message online for a free consultation about time limits and next steps.

What Is a Statute of Limitations in Colorado Personal Injury Law?

A statute of limitations is the legal expiration date for filing a lawsuit. Once it passes, you lose the right to bring your claim in court, regardless of how strong your evidence is or how serious your injuries are.

Colorado's statute of limitations for personal injury serves several concrete purposes:

• Preserving the reliability of evidence. Witnesses memories fade, documents get lost, and accident scenes change over time.

• Providing closure for both the injured party and potential defendants, so neither side faces indefinite legal exposure.

• Encouraging early action by people who believe they have been harmed, which leads to more reliable information reaching the court.

Once the limitations deadline passes, Colorado courts almost always dismiss the case. This is true even if liability is obvious and the injured person suffered life-altering harm.

Attorney Stephen M. Johnston has been litigating personal injury and related claims in Colorado since 2002 and routinely evaluates filing deadline issues for new clients as part of the firm's intake process.

The General Rule: Two-Year Deadline for Most Personal Injury Claims

Under CRS § 13-80-102, the general rule is that Colorado personal injury claims must be filed within two years of the date the injury occurred. This two-year deadline applies to most negligence-based personal injury lawsuits that do not involve motor vehicle accidents.

Claims that fall under this two-year deadline include:

• Slip and fall and other premises liability cases (for example, a fall on a broken sidewalk at a Pueblo grocery store)

• Dog bites

• Product liability (injuries caused by defective or dangerous products)

• Injuries on someone else's property due to dangerous conditions

• Most strict liability claims

Certain intentional injury claims may have a one-year statute of limitations in Colorado. Assault, battery, false imprisonment, and defamation fall under CRS § 13-80-103, which sets a one-year filing deadline.

The two-year clock normally starts running on the date of injury, not when the insurance company finishes investigating, not when your doctor releases you from treatment, and not when you receive your final medical bills; the claim still must be filed within the certain period set by Colorado law.

If you have been hurt in a non-vehicle accident, calendar two dates: the exact date the injury occurred and a "safe" deadline several months before the two-year mark. Contact Johnston Law Firm well in advance of either date to prepare and file properly.

Colorado Car Accident and Motor Vehicle Accident Statute of Limitations (Three Years)

Colorado gives a longer filing window for motor vehicle accidents. Car accident claims in Colorado have a three-year filing limit under CRS § 13-80-101(1)(n). This applies to personal injury or property damage arising out of the use or operation of a motor vehicle, including car, truck, motorcycle, and commercial vehicle crashes.

This three-year time limit generally runs from the date of the crash. It applies whether the claim is for bodily injury, vehicle damage, or both, subject to limited exceptions such as the discovery rule.

If a car accident results in death, the timeline changes. Surviving family members pursuing a wrongful death claim typically have two years from the date of death, not three years from the crash. The wrongful death deadline and the motor vehicle deadline are separate; the shorter one controls the wrongful death claim.

Johnston Law Firm regularly represents people hurt in motor vehicle accidents in Pueblo and across Colorado. We can quickly confirm which deadline (two years, three years, or another limit) applies in your particular case.

Wrongful Death Claims and Their Unique Deadlines

A wrongful death claim is a civil action brought by certain surviving family members when someone dies because of another person's negligence or wrongful conduct. These cases arise from car accidents, dangerous property conditions, medical malpractice, and other causes.

Wrongful death claims must be filed within two years of death. The clock starts on the date of death, which may be days, weeks, or months after the original injury or crash.

Some specific wrongful death situations carry different rules under Colorado statutes. Hit-and-run vehicular homicide claims have a four-year deadline under CRS § 13-80-102(2). This extended period applies when the defendant committed vehicular homicide and left the scene.

Losing a family member is overwhelming, and legal deadlines can feel impossible to think about during that time. If your loved one died because of someone else's negligence, Johnston Law Firm can help you understand both the wrongful death deadlines and the potential sources of compensation available to your family. Call us at tel: (719) 309-9484 or message us online whenever you are ready.

Special Rules for Claims Against Government Entities

When a personal injury claim involves a state or local government entity, such as a public school, city bus, county vehicle, or dangerous public sidewalk, Colorado's Governmental Immunity Act imposes much shorter deadlines and strict notice requirements that go beyond the standard statute of limitations.

Claims against public entities have specific notice requirements within 182 days of discovering the injury. Under CRS § 24-10-109, the injured person must provide written notice describing the incident, the date and time, the nature of the injuries, and the damages claimed. Failure to provide this notice is typically fatal to the claim, even if the usual two- or three-year statute has not yet run.

Who needs to receive notice depends on the type of government entity:

• State-level claims: The Colorado Attorney General's office

• Local claims: The appropriate city, county, or public agency (or its designated attorney)

If you think a government vehicle, public sidewalk, school, or any other public agency may have caused your injury, contact Johnston Law Firm immediately. The 182-day notice window is roughly six months, and missing it can destroy an otherwise valid claim long before the standard filing deadline arrives.

How the Discovery Rule Can Affect Your Filing Deadline

Colorado's discovery rule can change when the statute of limitations begins to run. In plain terms, the discovery rule can delay the start of the statute of limitations until the injury is discovered, or until a reasonable person should have discovered it.

Under CRS § 13-80-108, a cause of action accrues when the injured person knows, or should have known with reasonable diligence, both that they were injured and that the injury was caused by someone else's wrongful conduct. The discovery rule extends the filing deadline for unknown injuries, but only in cases where the harm or its cause was not immediately apparent.

Examples where delayed discovery might apply:

• Exposure to toxic substances at a worksite where symptoms appear years later

• A hidden product defect that causes harm long after purchase

• Medical malpractice where a surgical error is not diagnosed until a follow-up procedure months or years later

Contrast these with a car accident or a slip and fall, where the injury occurred at an identifiable moment and the cause is usually obvious.

Courts apply the discovery rule narrowly. Judges often side with defendants when the injured person waited a long time to act, so clients should not assume delayed discovery will save a late claim. An experienced personal injury attorney like Steve Johnston can evaluate any potential discovery-rule arguments early, before the deadline gets close.

Exceptions: Minors, Mental Incapacity, and Tolling

Colorado law provides limited exceptions that pause, or "toll," the statute of limitations for people who cannot legally or practically protect their own interests.

Minors. The statute of limitations may be extended for minors under 18. In many cases involving minors, the child has additional time to file after turning 18. The Colorado Supreme Court clarified this area in Kinslow v. Mohammadi (2024 CO 19), holding that when a minor turns 18 during the normal limitations period for motor vehicle accidents, the claim must be filed by either the normal three-year deadline or two years after the minor's eighteenth birthday, whichever is later. Parents and guardians should not wait to pursue insurance claims and gather evidence, even though the filing deadline itself may be extended.

Mental incapacity. Mental incompetency can toll the statute of limitations in Colorado. If the injured person is a legally disabled person due to serious mental impairment, the deadline may be paused until the person becomes mentally competent or a guardian is appointed. The exact rules under CRS § 13-81-103 are technical and fact-specific; a blanket assumption about tolling can be dangerous.

Defendant absence. Tolling may also apply if a defendant leaves Colorado to avoid being served with a lawsuit. Under CRS § 13-80-118, the statute does not run while the defendant is out of state or hiding. Proving this requires specific evidence and should be addressed with counsel.

What Happens If You Miss the Statute of Limitations?

If a Colorado personal injury lawsuit is filed after the applicable statute of limitations expires, the defendant can ask the court to dismiss the case. Colorado judges almost always grant that request. Missing the statute of limitations bars your right to sue.

Dismissal is "with prejudice," meaning the case cannot be re-filed. The injured person loses the ability to recover damages for medical bills, lost wages, pain and suffering, and other losses through the court system. No amount of strong evidence or clear liability changes this outcome once the deadline passes.

Insurance companies know these deadlines. Adjusters sometimes drag out settlement negotiations, request repeated documentation, or make low offers designed to run out the clock. Negotiating with insurance companies does not extend the statute of limitations. The filing deadline continues to run regardless of ongoing discussions, verbal promises, or written correspondence from an adjuster.

Do not rely on an adjuster's assurances that "there's still plenty of time." Contact Johnston Law Firm well before the limitations deadline to preserve your right to sue if negotiations stall. No obligation consultations are available to help you understand where you stand.

Comparative Negligence and How Time Limits Still Apply

Colorado follows a modified comparative negligence rule under CRS § 13-21-111. An injured person can generally recover damages so long as they are less than 50% at fault for the accident. Their compensation is reduced by their percentage of fault.

Here is a simple example:

Scenario	Total Damages	Plaintiff's Fault	Net Recovery
Car accident, plaintiff 25% at fault	$100,000	25%	$75,000
Car accident, plaintiff 50% at fault	$100,000	50%	$0
If a jury finds the plaintiff 50% or more at fault, they receive nothing.

Comparative negligence does not change or extend the statute of limitations. The same two-year or three-year clock applies regardless of fault disputes. A defendant's argument that you were partially at fault does not give you extra time to file, and it does not shorten your deadline either.

Johnston Law Firm routinely investigates fault disputes in motor vehicle accidents, premises liability, and other personal injury cases to protect clients from unfair comparative-fault arguments while still meeting filing deadlines.

How Time Limits Affect Different Personal Injury Claim Types

Different rules apply to different types of personal injury claims. Here is a breakdown of common categories and their specific deadlines under Colorado law:

Claim Type	Deadline
General negligence (premises liability, injuries on someone else's property)	Two years from the date of injury. Example: A slip and fall at a Pueblo restaurant on June 15, 2024 must be filed by June 15, 2026.
Motor vehicle accidents (car, truck, motorcycle)	Three years from the date of the crash. Example: A rear-end car accident on I-25 near Colorado Springs on January 1, 2024 must be filed by January 1, 2027.
Wrongful death	Two years from the date of death.
Assault and battery	One year from the date of the incident under CRS § 13-80-103.
Product liability (non-vehicle)	Two years from the date of injury.
Dog bites	Two years from the date of the bite.
Medical malpractice	Medical malpractice claims must be filed within two years of discovery of the injury, with an absolute statute of repose at three years from the negligent act, subject to limited exceptions for foreign objects or concealment.
Claims against a government entity	182-day written notice plus the applicable lawsuit deadline (often two or three years depending on the claim type).

These deadlines are separate from timelines that apply in related areas Steve Johnston handles, such as workers' compensation reporting and filing deadlines or Social Security disability applications. Those systems are governed by different rules than the Colorado statute of limitations for most lawsuits in civil court.

If you are unsure which category your case falls into, contact the firm so an attorney can match your facts to the correct time limit under current Colorado statutes.

Why You Should Not Wait to Talk With a Colorado Personal Injury Attorney

Two or three years may sound like a long time period, but speaking with personal injury attorneys early helps ensure strong claims are built while accident scenes can still be photographed, witnesses can be located, and medical records can be organized. Acting quickly protects both the quality of your case and your legal rights.

Common problems caused by delay:

• Surveillance footage from businesses and traffic cameras is overwritten, often within 30 to 90 days

• Witnesses move, change phone numbers, or forget details as witnesses memories fade

• Vehicles involved in crashes are repaired or sold, destroying physical evidence

• Insurers use gaps in medical treatment to argue that injuries were not serious

• Key documents, such as incident reports or employment records, become harder to gather evidence from as time passes

Johnston Law Firm steps in quickly after an accident, helping preserve evidence, deal with insurance adjusters, and track every applicable deadline so you can focus on healing. Early action on your part gives us the best chance to build the strongest case possible.

Call Steve Johnston at tel: (719) 309-9484 or contact us online as soon as possible after an injury to avoid deadline problems and to start moving forward with your claim.

How Johnston Law Firm, LLC Helps You Navigate Colorado Statutes of Limitations

Attorney Stephen M. Johnston has handled trials, appeals, and administrative hearings in Colorado since 2002 across personal injury, automobile accidents, workers' compensation, criminal law, estate planning, and Social Security disability. He is admitted to practice in Colorado and Wyoming, before the U.S. District Courts for both states, and before the U.S. Court of Appeals for the Tenth Circuit.

For new personal injury claims, the firm's process includes:

1. Confirming the correct statute of limitations under the Colorado personal injury statute

2. Identifying any special rules (cases involving minors, government entities, wrongful death, or discovery-rule claims)

3. Creating a roadmap to file before the strict deadline

4. Communicating directly with the client through every stage

Johnston Law Firm offers free initial consultations and often handles personal injury and motor vehicle accidents on a contingency-fee basis. Clients typically pay no attorney fees unless there is a recovery.

If you are in Pueblo, Pueblo West, Colorado Springs, or surrounding counties (Otero, Fremont, Custer, Huerfano, Las Animas, Crowley, and others), reach out for personalized advice about your filing deadline and case strategy.

Steps You Should Take Now to Protect Your Colorado Personal Injury Claim

If you have been injured, take these steps immediately to protect your right to seek compensation:

• Get medical care now. See a doctor as soon as possible after the accident. Follow all treatment recommendations. Gaps in treatment give insurance companies ammunition to question the seriousness of your injuries.

• Document everything. Photograph your injuries, the accident scene, property damage, and any hazardous conditions. Gather witness names and contact information. Save all medical bills, repair estimates, and correspondence with insurers.

• Report the accident. Notify the appropriate party (property owner, employer, or insurance company) promptly. Avoid giving detailed recorded statements to an insurance adjuster before speaking with a lawyer.

• Track your important deadlines. Write down the date of injury, the date of any diagnosis, the date of death in wrongful death cases, and the date you first suspected medical malpractice. Bring this timeline to your consultation with a Colorado personal injury attorney.

• Do not wait until the last month or last week. A Colorado personal injury lawsuit requires investigation, evidence collection, and proper legal preparation. Filing at the last minute leaves no room for problems.

Contact Johnston Law Firm at tel: (719) 309-9484 or message us online now. The sooner you call, the more time we have to build your case and protect your claim.

Frequently Asked Questions About Colorado Personal Injury Statute of Limitations

The questions below cover common "what if" situations that are not always obvious from the general rules. This section does not constitute legal advice for your specific case; individualized advice from an experienced personal injury attorney is still essential.

Does the Statute of Limitations Change If the Insurance Company Is Still Negotiating With Me?

No. Settlement negotiations do not pause, extend, or reset the statute of limitations. The filing deadline continues to run regardless of ongoing discussions, pending offers, or promises from the adjuster. If the limitations deadline is approaching and the case has not settled, an attorney may need to file a lawsuit to preserve your claim while negotiations continue. Never assume that an open insurance file protects your right to sue.

What If I Didn't Realize How Serious My Injuries Were Until Months After the Accident?

The limitations begins on the date of the accident in most personal injury cases, even if the full extent of injuries becomes clear later. Limited discovery-rule arguments may exist in some circumstances where the harm was not immediately apparent, such as a delayed medical diagnosis. The safest course of action is to seek medical care promptly after any accident and contact a Colorado personal injury attorney quickly so we can evaluate how the timing of diagnosis might affect your filing deadline.

Can I File a Personal Injury Lawsuit While There Is a Related Criminal Case Pending?

Yes. Criminal and civil cases have separate statutes of limitations. An injured person usually does not need to wait for criminal charges or a conviction before filing a civil personal injury lawsuit. In some rare situations, courts may consider tolling related to criminal proceedings, but relying on this without legal advice is risky. File your civil claim within the applicable statute to avoid a missed deadline.

Do Workers' Compensation Deadlines Replace the Personal Injury Statute of Limitations?

No. Workplace injuries in Colorado often involve the workers' compensation system, which has its own strict reporting and filing requirements distinct from the civil statute of limitations for personal injury lawsuits. Sometimes an injured worker has both a workers' compensation claim and a third-party personal injury claim. For example, a delivery driver hit in a car accident by a negligent third party would have a workers' compensation claim against their employer's insurer and a separate personal injury claim against the at-fault driver. Each claim has its own deadline and process.

How Soon Should I Contact Johnston Law Firm After an Accident?

Contact us as soon as you are medically stable. Ideally, reach out within days or weeks of the incident so we can preserve evidence, communicate with insurers, and calculate all relevant deadlines. A free consultation costs you nothing and gives you reliable information about where your case stands. Call tel: (719) 309-9484 or use our secure online contact form to get started.