Does Colorado Have a Statute of Limitations?
Yes, like other states, Colorado has a statute of limitations, which limits how long people have to file a legal claim.
What Is the Statute of Limitations in Colorado?
The statute of limitations in Colorado is between one and three years for many types of civil claims, but it will vary depending on the type of case and the specifics of each individual claim. For instance, the Colorado statute of limitations for personal injury will differ from that for a fraud case.
What Is the Statute of Limitations for Personal Injury in Colorado?
The Colorado statute of limitations for personal injury and negligence cases is two years.
“(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within two years after the cause of action accrues, and not thereafter:
“(a) Tort actions, including but not limited to actions for negligence, trespass, malicious abuse of process, malicious prosecution, outrageous conduct, interference with relationships, and tortious breach of contract; except that this paragraph (a) does not apply to any tort action arising out of the use or operation of a motor vehicle as set forth in section 13-80-101(1)(n).” (Colo. Rev. Stat. Ann. § 13-80-102)
Note that a separate statute applies to cases involving injuries sustained in motor vehicle accidents. Plaintiffs in these cases have three years to file a claim.
What Is the Colorado Wrongful Death Statute of Limitations?
The statute of limitations for wrongful death cases is two years. This stipulation is found in the same section of state law as the personal injury statute of limitations in Colorado:
“(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within two years after the cause of action accrues, and not thereafter:
“(d) All actions for wrongful death.” (Colo. Rev. Stat. Ann. § 13-80-102)
This clock begins to run as soon as the person dies:
“(2) A cause of action for wrongful death shall be considered to accrue on the date of death.” (Colo. Rev. Stat. Ann. § 13-80-108)
What Is the Statute of Limitations on Medical Malpractice in Colorado?
The Colorado malpractice statute of limitations is two years. However, the two-year clock dictated by the Colorado medical malpractice statute of limitations begins to run when the injured party discovers or should have discovered the resulting injury.
“(1) Except as otherwise provided in this section or section 25.5-4-307, C.R.S., no action alleging negligence, breach of contract, lack of informed consent, or other action arising in tort or contract to recover damages from any health care institution, as defined in paragraph (a) of subsection (2) of this section, or any health care professional, as defined in paragraph (b) of subsection (2) of this section, shall be maintained unless such action is instituted within two years after the date that such action accrues pursuant to section 13-80-108(1), but in no event shall an action be brought more than three years after the act or omission which gave rise to the action.” (Colo. Rev. Stat. Ann. § 13-80-102.5)
Malpractice (Other Professions)
- Legal action against a ski area or its employees must be brought within two years under the Colorado Ski Safety Act. Damages are capped at $1 million.
- Plaintiffs have two years to take legal action for malpractice against a veterinarian.
Product Liability
2 Years
“(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within two years after the cause of action accrues, and not thereafter:
“(b) All actions for strict liability, absolute liability, or failure to instruct or warn.” (Colo. Rev. Stat. Ann. § 13-80-102)
“(1) Except as provided in subsection (12) of this section, a cause of action for injury to person, property, reputation, possession, relationship, or status shall be considered to accrue on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence.” (Colo. Rev. Stat. Ann. § 13-80-108)
“(1)(a) Notwithstanding any statutory provision to the contrary, all actions for or on account of personal injury, death, or property damage brought against a person or entity on account of the design, assembly, fabrication, production, or construction of new manufacturing equipment, or any component part thereof, or involving the sale or lease of such equipment shall be brought within the time provided in section 13-80-102 and not thereafter.
“(b) Except as provided in paragraph (c) of this subsection (1), no such action shall be brought on a claim arising more than seven years after such equipment was first used for its intended purpose by someone not engaged in the business of manufacturing, selling, or leasing such equipment, except when the claim arises from injury due to hidden defects or prolonged exposure to hazardous material.
“(c) The time limitation specified in paragraph (b) of this subsection (1) shall not apply if the manufacturer, seller, or lessor intentionally misrepresented or fraudulently concealed any material fact concerning said equipment which is a proximate cause of the injury, death, or property damage.” (Colo. Rev. Stat. Ann. § 13-80-107)
Intentional Torts
1 Year
Fraud
3 Years
“All actions for fraud, misrepresentation, concealment, or deceit except those in section 13-80-102(1)(j) or section 13-80-103(1)(g).” (Colo. Rev. Stat. Ann. § 13-80-101)
The discovery rule applies to fraud cases in Colorado.
Statutes of Repose in Colorado
Construction Defects: Six years from substantial completion of the improvement to real property for actions against any architect, contractor, builder or builder vendor, engineer or inspector (C.R.S. § 13-80-104)
Product Defects: Seven years from the date the product is first used. This statute of repose applies only to “new manufacturing equipment.” Exceptions include injury caused by a hidden defect, prolonged exposure to hazardous material, intentional misrepresentation or fraudulent concealment. (C.R.S. § 13-80- 107 (1)(b)-(c))
“‘Manufacturing equipment’ means equipment used in the operation or process of producing a new product, article, substance, or commodity for the purposes of commercial sale and different from and having a distinctive name, character, or use from the raw or prepared materials used in the operation or process.” (C.R.S. § 13-80-107 (2))
Child Sexual Assault
6 Years
In cases of injury based on sexual assault or a sexual offense against a child, the statute of limitations begins to run on their 18th birthday.
Municipal Liability/Sovereign Immunity
Limited sovereign immunity applies. If a claim is allowed, you must give notice to the municipality within six months of the discovery of your injury. Then, you must wait at least 90 days for a response before being able to file a lawsuit.
Discovery Rule
Statutes of limitations run from when the injury in question is or should have been discovered.
Comparative Negligence
Comparative negligence applies to claims in Colorado; if the plaintiff was 50% or more at fault for their own injuries, they will not be able to recover damages.
Charitable Immunity
Charitable organizations are not immune to legal claims.
Legal Disabilities
In cases where the plaintiff is incompetent, insane, imprisoned or a minor, the statute of limitations runs from the removal of their legal disability.
Damages for Pain and Suffering
Damage awards for pain and suffering in personal injury cases are limited to $500,000.
Punitive Damages
Punitive damages may be awarded in circumstances of fraud, malice or willful or wanton conduct. This requires proof beyond a reasonable doubt and may not ordinarily exceed the amount of compensatory damages, although the court may increase the award to three times the amount of compensatory damages in certain situations. No punitive damages are allowed against municipalities.
No-Fault Insurance
Colorado is not a no-fault state.
Consumer Fraud Complaints
If you need to report a case of consumer fraud, you can do so by contacting the state attorney general’s office online or by calling 1-800-222-4444.