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COLORADO

Negligence / Personal Injury
2 Years with Discovery Rule (except auto accidents is 3 years).
Wrongful Death
2 Years
Medical Malpractice
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 8th birthday. Damages for medical malpractice limited to $1,000,000 maximum for pain and suffering and periodic payments if award exceeds $150,000.
Malpractice (Other Professions)
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)
Products Liability
2 Years with Discovery Rule.
Intentional Torts
1 Year
Fraud
3 Years for fraud or deceit in used car sales when SOL is 2 years.
Municipal Liability/Sovereign Immunity
6 Month SOL to give notice to municipality after discovery of injury.
Discovery Rule
SOL runs from when injury is, or should have been discovered. See specific torts above.
Comparative Negligence
Not bar to recovery if negligence of person seeking recovery not as great as negligence of person against whom recovery is sought. Negligence of multiple defendants is to be combined when compared against plaintiff's negligence and damages. Recovery from multiple defendants found liable unless plaintiff was 50% or more at fault.
Charitable Immunity
Abolished
Disabilities
Insanity, infancy (18th 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.
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.
No-Fault Insurance
None
Other Relevant Information
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)
Consumer Fraud Complaint
Colorado Office of the Attorney General, Consumer Protection
http://www.coloradoattorneygeneral.gov/consumer_questions
(303)866-4500
(303)866-5691 (Fax)

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