Colorado Statute of Limitations for Personal Injury Claims
In Colorado, you have 3 years from the date of injury to file a motor vehicle accident lawsuit (Colo. Rev. Stat. § 13-80-101) and 2 years for most other personal injury claims (Colo. Rev. Stat. § 13-80-102). Wrongful death claims must be filed within 2 years of the date of death. Miss these deadlines and you lose your right to compensation — permanently.
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Key Takeaways
- Colorado's statute of limitations for motor vehicle injury claims is 3 years from the date of injury under Colo. Rev. Stat. § 13-80-101.
- Most other personal injury and negligence claims carry a 2-year deadline under Colo. Rev. Stat. § 13-80-102.
- Wrongful death lawsuits must be filed within 2 years of the date of death — with a special exception for vehicular homicide involving a hit-and-run, which extends the deadline to 4 years.
- Claims against Colorado government entities under the Colorado Governmental Immunity Act (CGIA) require written notice within 182 days of the incident.
- For minors (under 18), the statute of limitations is tolled until they turn 18, then the normal limitation period runs — meaning a child injured in a car accident has until age 21 to file.
- Colorado uses a modified comparative negligence system with a 50% bar (Colo. Rev. Stat. § 13-21-111) — if you are 50% or more at fault, you recover nothing.
- If you miss the statute of limitations, the court will almost certainly dismiss your case regardless of how strong your claim is.
Motor vehicle injury claims: 3 years from the date of injury
Under Colo. Rev. Stat. § 13-80-101, you have three years from the date of injury to file a lawsuit for injuries caused by a motor vehicle accident in Colorado. This applies to car accidents, truck collisions, motorcycle crashes, pedestrian accidents, and any other motor vehicle-related injury claim.
The three-year clock starts on the date the injury occurs — not the date you hire a lawyer, not the date you finish medical treatment, and not the date you realize how serious your injuries are (unless the discovery rule applies). Once three years pass, the defendant can ask the court to dismiss your case, and the court will grant that request.
Three years may feel like a long time, but building a strong case takes work. Gathering police reports, obtaining medical records from Denver Health or UCHealth, documenting lost wages, and consulting accident reconstruction experts all take months. Attorneys who handle Colorado injury claims recommend starting the process within weeks of the accident.
Other tort and negligence claims: 2 years
For personal injury claims that do not involve a motor vehicle — such as slip and falls, dog bites, premises liability, and general negligence — Colorado imposes a shorter 2-year statute of limitations under Colo. Rev. Stat. § 13-80-102.
This distinction catches many people off guard. If you were injured in a car accident, you have 3 years. If you slipped on an icy sidewalk or were bitten by a dog, you have just 2 years. Knowing which deadline applies to your specific claim is critical, and if your case involves multiple theories of liability, different deadlines may apply to different parts of your claim.
The 2-year clock also starts from the date of injury. If your injury resulted from a situation that did not involve a motor vehicle, treat the 2-year deadline as firm and act quickly.
Wrongful death: 2 years, with a hit-and-run exception
When a personal injury causes death in Colorado, surviving family members can file a wrongful death lawsuit. The deadline is 2 years from the date of death.
There is one important exception: when the death results from vehicular homicide involving a hit-and-run, the statute of limitations extends to 4 years. This exception recognizes that identifying a hit-and-run driver can take significant time, and families should not lose their right to compensation because the responsible party fled the scene.
The wrongful death claim is brought by the surviving spouse, children, or other designated family members. Colorado law specifies a priority order for who may bring the claim. If no estate has been opened, a family member may need to petition the court to appoint a personal representative before the lawsuit can proceed — another reason to begin the process early.
Government claims: 182-day notice required under the CGIA
If your injury was caused by a Colorado government entity — a city, county, state agency, or government employee acting in their official capacity — you face a much shorter initial deadline. Under the Colorado Governmental Immunity Act (CGIA), you must provide written notice of your claim within 182 days of the incident.
The notice must describe the injury, identify the government entity, and include the facts of the claim. It must be sent to the attorney general (for state claims) or the governing body of the local entity. Failure to file this notice within 182 days can bar your claim entirely, even if the general statute of limitations has not yet expired.
Government immunity claims are common in Colorado. Accidents on state highways maintained by CDOT, injuries in state parks, and collisions involving government vehicles all potentially trigger the CGIA notice requirement. If any government entity may share fault in your accident, consult an attorney immediately — 182 days goes fast.
Exceptions for minors and the tolling rules
Colorado law tolls (pauses) the statute of limitations for minors. If you were under 18 at the time of injury, the clock does not start running until you turn 18. Once you turn 18, the normal limitation period applies — 3 years for motor vehicle claims, 2 years for other torts.
This means a child injured in a car accident at age 10 has until age 21 to file a lawsuit. A child injured in a slip and fall has until age 20. However, a parent or guardian can file on the child's behalf at any time before then, and there are practical reasons to do so — evidence deteriorates, witnesses become harder to locate, and memories fade.
Colorado also tolls the statute of limitations when the defendant leaves the state. If the person who injured you moves out of Colorado, the time they spend outside the state may not count against your filing deadline. This tolling is limited and subject to court interpretation, so consult an attorney if this situation applies to you.
The discovery rule: when injuries aren't immediately apparent
Colorado recognizes the discovery rule, which can extend the statute of limitations in cases where the injury was not immediately known or discoverable. Under this rule, the clock does not start on the date of the incident but on the date the injured person discovers — or, exercising reasonable diligence, should have discovered — the injury and its cause.
The discovery rule most commonly applies in medical malpractice cases, where a surgical error or misdiagnosis may not become apparent for months or years. It can also apply in toxic exposure cases, defective product injuries, and other situations where harm develops gradually.
The discovery rule does not give you unlimited time. You must still file within the applicable limitation period from the date you knew or should have known about the injury. Courts examine whether a reasonable person in your situation would have discovered the injury sooner, and the burden of proving delayed discovery was reasonable falls on you.
What happens if you miss the deadline
If you file a personal injury lawsuit after the statute of limitations has expired, the defendant will raise it as a defense. Colorado courts treat the statute of limitations as a strict bar — there is no grace period, no good-cause exception for most cases, and no judicial discretion to extend it simply because the claim has merit.
Missing the deadline means you lose the ability to file a lawsuit. Without the leverage of a potential lawsuit, insurance companies have no incentive to negotiate a fair settlement. In practice, missing the statute of limitations means losing your claim entirely.
This is why personal injury attorneys in Colorado strongly recommend consulting a lawyer as soon as possible after an injury. Even if you are unsure whether you have a case, a brief consultation can clarify your deadlines and protect your right to file.