Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

COLORADO

Negligence / Personal Injury

2 Years 2 Years with Discovery Rule (except auto accidents is 3 years)

Products Liability

2 Years 2 Years with Discovery Rule

Wrongful Death

2 Years 2 Years

Medical Malpractice

2 Years 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.

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

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.

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