How Long Do I Have to File a Denver Personal Injury Claim (Statute of Limitations)?
Statutes of limitations are the allotted time from the date of an accident or incident that injured individuals have to initiate civil law legal proceedings. In Colorado, for personal injury claims, the circumstance of your injury determines the amount of time you have to file a claim. For instance, medical malpractice personal injury claims versus car accident claims have different statutes of limitations. Generally, the day of the accident or incident is when the clock begins ticking. However, this can also differ from case to case. In some circumstances, the date of the incident and the date the injury begins presenting itself can differ, meaning that the statute of limitations may also differ. A general rule is that the clock begins when an injury is discovered; this is known as the “discovery rule.”
In Colorado, for general personal injury claims and wrongful death claims, the statute of limitations is two years from the date of injury or date of discovery. General personal injury cases include:
- Slip-and-fall accidents
- Neck and spine accidents
- Dog bite accidents
If the injury occurred on government property or because of a government employee, and you’re filing a claim against a city or county in Colorado, the statute of limitations is 180 days from the date of the incident.
For motor vehicle accidents, the statute of limitations is three years from the date of the accident or discovery of the injury.
After a medical malpractice incident, the injured patient has two years from the date the harm was inflicted or when the injury is discovered.
The Purpose of Statutes of Limitations
It’s important to keep the statute of limitations in mind and file a claim as soon as possible. While two or three years may seem like plenty of time, there’s a reason the statute of limitations exists. The statute of limitations encourages injured individuals to pursue a claim as soon as possible to help preserve evidence. Evidence may be misplaced, or memory may fade, which can negatively impact your claim as time goes on. Furthermore, the longer you wait, the more you risk losing your right to pursue a claim. Once the statute of limitations has expired, Colorado law prevents individuals from pursuing damages, and courts are likely to refuse to hear a case. If you do not file a claim within the allotted time, you will likely never receive compensation for your injuries and other related losses.
The best way to ensure you are filing your claim within the statute of limitations is to contact an experienced Colorado personal injury lawyer as soon as possible. An attorney can assess your case and determine how much time to file your claim. Additionally, the sooner you contact them, the sooner they can begin to compile evidence to support your claim and recover the maximum compensation available for your claim. Protect your right to fair compensation and contact a skilled and trusted personal injury attorney today.
Contact the Expert Denver Personal Injury Attorneys at Mintz Law Firm
If you’ve been injured in an accident as a result of someone else’s negligence, you may be able to seek compensation for your medical bills and other accident-related expenses. The trusted attorneys at Mintz Law Firm have the knowledge and expertise to ensure that you get the maximum compensation possible for your injuries. We have the compassion to empathize with those suffering from harm done by others and will work tirelessly to protect your rights. From slip-and-fall accidents to dog bites, we’ve got you covered.
With over 150 years of combined experience, the attorneys at Mintz Law Firm understand the ins and outs of Colorado personal injury law and will help you achieve the best results possible based on the circumstances of your injury. Our team of lawyers is dedicated to achieving justice for all of our clients. For a free consultation, give us a call at (303) 462-2999 or complete our online contact form today.