Colorado (CO) Statute of Limitations: What You Should Know

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:

“(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

“(b) All actions for strict liability, absolute liability, or failure to instruct or warn.” (Colo. Rev. Stat. Ann. § 13-80-102)

Discovery Rule

“(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)

Statute of Repose

“(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.

Frequently Asked Questions

Do Civil Cases Have a Statute of Limitations?

Yes, there are statutes of limitations for filing civil actions. These statutes vary depending on the type of claim. For instance, rent and debt collection disputes have a six-year statute of limitations, but the personal injury statute of limitations in Colorado is three years.

What Is the Statute of Limitations on an Accident?

The statute of limitations on a motor vehicle accident is three years, while other types of negligence or personal injury cases have two years.

Is There a Statute of Limitations on Felony Charges?

For most felony charges, the statute of limitations is three years, but the deadline varies depending on the nature of the charge. For example, vehicular homicide has a statute of limitations of five years, and some felonies don’t have statutes of limitations at all.

How Long Does the DA Have to File Charges in Colorado?

In general, a Colorado DA must file charges within three business days of a suspect’s arrest, but there are some exceptions to this rule.

What Crimes Are Exempt From the Statute of Limitations?

Colorado state law exempts the most severe crimes, including murder, sexual offenses against a child, treason, and forgery, from the statutes of limitations.

What Is the Statute of Limitations on Theft in Colorado?

It depends on whether the theft is a petty crime, misdemeanor or felony. There is a six-month statute of limitations on petty crimes, while the limit is 18 months for misdemeanors. Felonies also have six months.

What Is the Statute of Limitations on Assault in Colorado?

The statute of limitations for assault in Colorado can range from ten to 20 years depending on the circumstances of the case. If the assault was against a child, different rules apply; it’s likely there will be no statute of limitations in such cases.

Is There a Statute of Limitations on DUI in Colorado?

If the DUI in question is a misdemeanor, a case must be filed within 18 months of when the offense occurred. Other qualifiers for the case might make the statutes of limitations vary, so it’s always best to consult with an experienced lawyer.

Is There a Statute of Limitations on a Misdemeanor Warrant?

Most misdemeanors have statutes of limitations of 18 months. As with many cases, it’s best to check with an attorney about specifics and exceptions that could apply to your situation.

Statutes of Limitations