Does the 2-year deadline apply to settling with insurance?

The statute of limitations applies to filing a lawsuit, not settling with insurance. However, insurance companies often drag out negotiations. Having the ability to file suit gives you leverage in negotiations.

When does the clock start for a car accident injury?

Generally, the clock starts on the date of the accident. However, if you didn't immediately realize you were injured, the "discovery rule" may apply, starting the clock when you knew or should have known about your injury.

Is there a deadline for filing an insurance claim?

While the statute of limitations is for lawsuits, your insurance policy likely has its own deadline for reporting claims (often 24-72 hours for car accidents). Check your policy and report promptly.

How Long Do I Have to File a Personal Injury Claim in Colorado?

Brad Freedberg

Personal Injury Attorney

Colorado Statute of Limitations: Key Deadlines

Understanding Colorado's filing deadlines is critical to protecting your right to compensation. Here are the key timeframes you need to know:

General Personal Injury Claims: 2 Years
For most personal injury cases, including:

Car accidents

Truck accidents

Motorcycle accidents

Slip and fall injuries

Premises liability

You have two years from the date of the injury to file a lawsuit in Colorado courts.

Wrongful Death Claims: 2 Years
If a loved one died due to someone else's negligence, surviving family members have two years from the date of death to file a wrongful death lawsuit.

Medical Malpractice: 2 Years (with a 3-Year Cap)
Medical malpractice claims must be filed within:

2 years from when you discovered (or should have discovered) the injury

But no more than 3 years from the date of the act or omission

Claims Against Government Entities: 182 Days

This is the most critical deadline. If your injury was caused by a government employee or entity (city, county, or state), you must file a notice of claim within 182 days of the incident.

Exceptions to the Standard Deadlines

The Discovery Rule
In some cases, the clock doesn't start until you discover your injury. This applies when:

The injury wasn't immediately apparent

A reasonable person wouldn't have known about the injury

Minors (Under 18)

For children, the statute of limitations is "tolled" (paused) until they turn 18. They then have the standard period to file.

Mental Incapacity
If an injured person is mentally incapacitated, the deadline may be extended.

Defendant Leaves Colorado
If the at-fault party leaves Colorado, the time they're absent may not count toward the deadline.

Why You Shouldn't Wait
Even though you have time, waiting can hurt your case:

Evidence disappears: Surveillance footage is deleted, accident scenes change

Witnesses forget: Memories fade over time

Medical records: Gaps in treatment can weaken your case

Insurance companies: They become more skeptical of delayed claims

The Bottom Line
Don't gamble with your rights. If you've been injured, consult with an attorney as soon as possible. At the Law Office of Brad Freedberg, we offer free consultations and can quickly assess your timeline.
Call (303) 892-0900 today to protect your claim.

Frequently Asked Questions

If you miss the filing deadline, you typically lose your right to sue forever. The court will dismiss your case, and you won't be able to recover compensation, regardless of how strong your case might be.

Get a Free Case Evaluation

Have questions about your specific situation? Brad Freedberg offers free, confidential consultations. Call now or fill out our contact form.

How Long Do I Have to File a Personal Injury Claim in Colorado?

Colorado Statute of Limitations: Key Deadlines Understanding Colorado's filing deadlines is critical to protecting your right to compensation. Here are the key timeframes you need to know:

General Personal Injury Claims: 2 YearsFor most personal injury cases, including: Car accidents Truck accidents Motorcycle accidents Slip and fall injuries Premises liability You have two years from the date of the injury to file a lawsuit in Colorado courts.

Wrongful Death Claims: 2 YearsIf a loved one died due to someone else's negligence, surviving family members have two years from the date of death to file a wrongful death lawsuit.

Medical Malpractice: 2 Years (with a 3-Year Cap)Medical malpractice claims must be filed within: 2 years from when you discovered (or should have discovered) the injury But no more than 3 years from the date of the act or omission

Claims Against Government Entities: 182 Days This is the most critical deadline. If your injury was caused by a government employee or entity (city, county, or state), you must file a notice of claim within 182 days of the incident.

Exceptions to the Standard Deadlines

The Discovery RuleIn some cases, the clock doesn't start until you discover your injury. This applies when: The injury wasn't immediately apparent A reasonable person wouldn't have known about the injury

Minors (Under 18) For children, the statute of limitations is "tolled" (paused) until they turn 18. They then have the standard period to file.

Mental IncapacityIf an injured person is mentally incapacitated, the deadline may be extended.

Defendant Leaves ColoradoIf the at-fault party leaves Colorado, the time they're absent may not count toward the deadline.

The Bottom LineDon't gamble with your rights. If you've been injured, consult with an attorney as soon as possible. At the Law Office of Brad Freedberg, we offer free consultations and can quickly assess your timeline.Call (303) 892-0900 today to protect your claim.