You need to take legal action after being in an accident that was not your fault – and you need to take it sooner than later, especially if you live in a state with a brief statute of limitations. What is the statute of limitations for personal injury claims in Colorado? For most claims, you only have two (2) years after the day of your accident or injury.
What Happens If the Statute of Limitations Expires?
When Colorado’s two-year statute of limitations expires, you are not technically barred from filing a personal injury claim against the party or parties that caused your accident. Instead, the defendant can ask the court to throw out your claim, and the court will almost-always comply. Keep in mind that you have two years to file a claim, not necessarily to win or conclude one. You could file your claim on the last eligible filing date and your chances of recovering compensation won’t necessarily be lessened because of it.
Car Accidents & Concealment in Colorado
Car accidents are among the most common and most complex personal injury cases in Colorado. Figuring out liability and fighting with a car insurance company can feel like an uphill battle. In recognition of how car accident claims can be problematic, Colorado allows a three-year statute of limitations specifically for any claims or lawsuits seeking damage due to a car accident. Technically, this statute of limitations extension applies for any case involving a motor vehicle, not necessarily just a passenger car.
Also, the statute of limitations for a personal injury claim in Colorado can be paused if the defendant intentionally tries to avoid receiving any notice of your claim against them. As long as the defending party cannot be located despite your best efforts, the statute of limitations freezes. It will restart once they are located and can be served. Although, if someone is officially served notice of your lawsuit and then refuses to show up to court, then a judge can enter a default judgment against them, effectively giving you an automatic victory.
Do you have more questions about Colorado’s personal injury statute of limitations and how it pertains to a claim of your own? Jorgensen, Brownell & Pepin, P.C. would be happy to help you. Please call (720) 809-8310 when you need us and our many years of legal experience.