Colorado Statute of Limitations

Every legal claim in Colorado is bound by strict procedural timeframes known as the statute of limitations. A statute of limitations establishes the maximum period within which an injured party or plaintiff must initiate a formal civil lawsuit in court.

Failing to file your lawsuit before the statutory deadline expires typically results in an immediate dismissal of your case by the court with prejudice – permanently extinguishing your right to recover financial compensation, regardless of the strength of your evidence or the severity of your damages.

Because Colorado law applies different deadlines depending on whether the incident involved a motor vehicle, general negligence, a defective product, or a fatal injury, understanding the governing statutes under Title 13 of the Colorado Revised Statutes is essential.

1. General Personal Injury Claims: The 2-Year Limitation Period

For the majority of standard personal injury claims in Colorado – such as slip and fall accidents, dog bites, premises liability, pedestrian collisions not involving moving vehicles, assault, and battery – the legal deadline is governed by Colorado Revised Statutes § 13-80-102.

Under C.R.S. § 13-80-102, the default statute of limitations for personal injury claims is two years. This clock generally begins ticking from the date the cause of action accrues – meaning the date the injury occurred or the date when the injury and its cause were known or should have been known through reasonable diligence.

Key claims covered by C.R.S. 13-80-102 include:

• Premises Liability: Slip, trip, and fall incidents occurring on private, commercial, or residential properties.
• Animal Attacks: Dog bite and domestic animal injury lawsuits.
• General Tort Actions: Negligence claims not involving the operation or maintenance of a motor vehicle.
• Intentional Torts: Assault, battery, false imprisonment, and intentional infliction of emotional distress.

Under C.R.S § 13-80-102, missing this window will bar recovery, which is why general negligence claims must be filed within two years from the accident date.

For answers to your questions, call:
(303) 999-9999

2. Motor Vehicle Collisions: The 3-Year Extended Window

Colorado makes a major statutory exception for motor vehicle accidents. While most personal injury actions expire in two years, torts arising from traffic collisions benefit from a three-year statute of limitations under Colorado Revised Statutes section 13-80-101.

Pursuant to C.R.S. § 13-80-101, any action brought against the owner, operator, or person responsible for the operation, maintenance, or use of a motor vehicle has a three-year deadline.

Specifically, C.R.S. § 13-80-101(1)(n) – motor vehicle torts establishes that:

• Car accidents, passenger vehicle crashes, and rear-end collisions are subject to a 3-year filing deadline.
• Commercial trucking and semi-truck accident claims fall under this 3-year statute.
• Motorcycle and rideshare (Uber/Lyft) injury cases must be initiated within 3 years of the crash date.
• Pedestrian or bicyclist injuries caused by the physical impact or operation of a motor vehicle are also governed by this 3-year statutory timeline.

3. Wrongful Death Claims (2 Years)

When negligence or intentional conduct leads to fatal injuries, surviving family members must navigate a distinct timeline governed by C.R.S. § 13-80-102(1)(d) – wrongful death.

• Deadline: A wrongful death lawsuit must be filed within two years of the decedent’s date of death (not necessarily the date of the underlying injury).
• Vehicular Exception Caution: If a fatal injury arises out of a vehicular accident, Colorado courts harmonize the statutes, but families should consult legal counsel immediately to prevent conflicts between the general wrongful death statute and motor vehicle limitation provisions.
• Eligible Filers: In year one, only the surviving spouse (or designated beneficiary) may file. In year two, surviving children may also join or file the action.

4. Product Liability Actions (2 Years)

If you have suffered an injury due to a defective, unreasonably dangerous, or improperly labeled consumer good, medical device, machinery, or vehicle component, your claim is governed by C.R.S. § 13-80-106.

• 2-Year Limit: Actions against manufacturers, distributors, and commercial sellers of defective products must be brought within two years from the date the injury and defect are discovered.
• Ten-Year Statute of Repose: In addition to the limitation period, Colorado imposes a statute of repose that generally bars claims brought more than 10 years after the product was first sold for use or consumption, subject to specific exceptions (such as hidden defects or intentional misrepresentation).

5. Construction Defects & Real Property Claims

Claims involving structural defects, faulty engineering, architectural failures, or construction damages are codified under Colorado Revised Statutes Section 13-80-104.

Under this section:

• Lawsuits against architects, contractors, builders, engineers, and inspectors must be filed within two years after the defect or physical damage is discovered or should have been discovered.
• A strict six-year statute of repose applies (which can be extended to eight years if the defect is discovered during the fifth or sixth year following substantial completion of the improvement).

Quick-Reference Colorado Statute of Limitations Guide

Important Exceptions: Tolling the Statute of Limitations

In certain narrow circumstances, Colorado courts permit “tolling” (pausing) the legal clock:

1. Minors: If the injured party is under the age of 18 at the time of the incident and has no legal guardian appointed, the limitation period is generally tolled until the victim reaches the age of majority (18th birthday).
2. Mental Incapacity: If a claimant is legally incapacitated or physically unable to comprehend their legal rights, the statute may be paused until competency is restored or a legal conservator is appointed.
3. Fraudulent Concealment: If a defendant fraudulently conceals their negligent acts or prevents the victim from discovering the cause of their injury, the clock may be tolled during the concealment period.

Beware of Government Claims (The 182-Day Notice Rule)

If your injury involves a city, county, school district, state agency, or regional transit entity (such as RTD), the Colorado Governmental Immunity Act (CGIA) requires a formal written Notice of Claim to be filed within 182 days of the incident. Missing this mandatory administrative deadline forfeits your right to bring any future lawsuit, regardless of the two- or three-year statute of limitations.

Protect Your Legal Rights Before Deadlines Expire

Calculating the exact accrual date and applicable statute of limitations requires rigorous legal analysis. Critical evidence, camera footage, and witness statements can degrade or disappear long before the legal deadline arrives.

If you or a loved one suffered an injury in Colorado, consult with a qualified attorney as early as possible to evaluate your case timeline, preserve critical evidence, and ensure all filings are submitted well within Colorado’s statutory deadlines.

Call (303) 999-9999 or complete a Free Case Evaluation form