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Colorado Statutes of Limitations

Negligence/Personal Injury

Statute of Limitations: 2 Years with Discovery Rule (except auto accidents is 3 years)

Products Liability

Statute of Limitations: 2 Years with Discovery Rule

Wrongful Death

Statute of Limitations: 2 Years

Medical Malpractice

Statute of Limitations: 2 years from date of accrual, but in no case more than 3 years from date of act. If malpractice was knowingly concealed, or foreign object, then 2 years from discovery. Child under 8, who was under 6 at time of malpractice, must bring claim before 8 th birthday. Damages for medical malpractice limited to $1,000,000 maximum for pain and suffering and periodic payments if award exceeds $150,000.

SOL for Other Torts

6 Years: Injury based on sexual assault or sexual offense against a child (infancy disability applies)

3 Years: Motor vehicle accidents

2 Years: Against government if insured

2 Years: Action against ski areas ($1,000,000 limit)

1 Year: Intentional Torts

Fraud

Statute of Limitations: 3 Years except for fraud or deceit in used car sales when SOL is 2 years.

Discovery Rule

SOL runs from when injury is, or should have been discovered. See specific torts above.

Disabilities

Insanity, infancy (18 th birthday), incompetence, or imprisonment, SOL runs from removal of disability. Special provisions relate to sexual assaults on minors.

 Damages

In order to recover, plaintiff’s negligence must be less than that of defendant’s.

  • $500K limit on pain and suffering for personal injury.

Municipalities

6 Month SOL to give notice to municipality after discovery of injury.

Sovereign Immunity

Although sovereign immunity has been abolished, numerous rules and limitations apply waived for motor vehicle accidents, operation of certain public facilities, dangerous highways, roads, and streets. Limit of $150,000 on damages per person and $600,000 per occurrence unless increased by governing body.

Punitive Damages

May be awarded in circumstances of fraud, malice, or willful or wanton conduct. Requires proof beyond a reasonable doubt and may not ordinarily exceed compensatory damages. Court may increase to three times compensatory damages in certain situations.

No punitive damages against municipalities.

Consumer Fraud Complaint:

Colorado Office of the Attorney General, Consumer Protection
http://www.ago.state.co.us/consumer_protection.cfm?MenuPage=True
(303)866-5189

Contact Us:
1-800-LAW INFO (1-800-529-4636)
www.yourlawyer.com

NOTE: Parker & Waichman, LLP has made every effort to provide accurate, up-to-date information. However, statutes in each jurisdiction may be amended, repealed, modified, or otherwise changed at any time by the legislature of that jurisdiction. In addition, the courts of each state may clarify statutes or declare them unconstitutional. The United States Supreme Court may also declare state statutes unconstitutional under certain circumstances. All of these possibilities, and more, create the potential for any of the information provided herein to change, without notice, at any time. As a result, the information on this website should be used as a general reference and for comparison purposes only and should not take the place of a timely consultation with an attorney. You may also want to consult the local Bar Association in the state or jurisdiction in which you plan to pursue a legal action. For a free and confidential consultation with one of our attorneys, please click here to fill out a short form.

If you are aware of recent changes in a state’s statute of limitations, please fill out our short feedback form so that we may keep our the site and our readers informed. We appreciate your feedback.

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