STATUTE OF LIMITATIONS FOR MINORS
The State of Colorado places what is called a Statute of Limitations on most legal claims. The Statute of Limitations for minors and adults 18+ varies depending on the type of case at issue. In most types of personal injury cases, the Statute of Limitations is relatively short and only allows a few years after the date of the injury for the injured party to file a lawsuit. If a lawsuit is not filed within the time frame specified by the applicable Statute of Limitations the injured party, or plaintiff, would be barred from seeking remedy for their injuries in a Colorado court of law.
There can also be variances in connection with a Statute of Limitations for a personal injury case due to the age of the plaintiff. Under Colorado law, when a personal injury case involves a minor plaintiff, the minor plaintiff could have much longer to file a lawsuit. The Statute of Limitations will not begin to run until the minor plaintiff reaches the age of majority. In Colorado, the age of majority has been set at eighteen (18) years old.
What this means, in a short description, is that in most situations a minor plaintiff would have however many years until they reach eighteen (18) years of age, plus the applicable amount of years entitled to them under the Statute of Limitations to bring a lawsuit against the at-fault party who caused the injuries to the minor plaintiff. So if the Statute of Limitations for the type of accident that caused the minor’s injuries were two (2) years, and the plaintiff was ten (10) years old when the accident occurred, then that minor plaintiff should have ten (10) years to file a lawsuit before being barred to do so under Colorado law. The minor should have eight (8) years until the age of majority, then an additional two (2) years under the Statute of Limitations for minors.
Mintz Law Firm has successfully represented minor plaintiffs, before and after the age of majority, in multiple cases. A recent case handled by our firm involved an accident with a young child who was less than ten (10) years old at the time of the accident, who thought there was no remedy available now that the client was over eighteen (18) years of age. After speaking with the client and the client’s family, our office decided to take the case and helped the client recover compensation for the decade-plus of suffering and multiple surgeries the client was forced to endure. Our firm successfully obtained a settlement more than a decade after the accident took place.
Please contact Mintz Law Firm if you, or anyone you know, has been injured by the carelessness of another person or entity – even if you think it’s too late to pursue a case. We care, and we can help. To schedule a free consultation, you can call us at (303) 462-2999.