Which Injuries are covered by the Colorado Personal Injury Statute of Limitations?

When people walk into a lawyer’s office looking for advice on a personal injury lawsuit, they often ask whether their case falls into the Colorado personal injury statute of limitations.  In most cases, an attorney can answer that question pretty easily by referring to Colorado law.  However, there are exceptions that often apply to these laws, especially if an injury was just recently discovered, or the claimant was too young to file a lawsuit at the time of an accident. 

Another question that is often heard by Colorado personal injury attorneys is whether their injury qualifies under the Colorado personal injury laws.  For some reason, when the average person thinks about a personal injury claim, they think of two things – car accidents and slip and fall injuries.  But there are several other types of injuries that fall into this category. Asbestos-related diseases, such as mesothelioma (a rare form of lung cancer), or nursing home abuse, dog attacks and medical malpractice can all be considered a personal injury.  A worker’s compensation claim or a product liability claim falls under the same statute of limitations as other personal injuries.

In Colorado, the personal injury statute of limitations is two years, and one year if the claim is for libel or slander.  This timeframe refers to the amount of time that can pass between the injury and a personal injury lawsuit.  Of course, there are exceptions to this statutory limitation. In the event that the injured person was still a minor at the time of the accident or injury, the “clock” will start running at the time they become 18.  Likewise, if a person was rendered mentally incompetent by the injury for a period of time, the statute of limitations can be “tolled”, or the clock stopped, during that time. 

When an injury occurs as a result of a car accident, it can often take a while before the injured person realizes how much their pain and suffering has impacted the quality of their life. Perhaps they can no longer play their favorite sport or work in their chosen profession, or no longer take long walks.  While the car insurance policy may have covered their medical bills, car repairs, or lost wages, a personal injury lawsuit may be needed to claim losses due to pain and suffering. 

To learn more about the Colorado personal injury statute of limitations, and how to file a claim in the state of Colorado, contact a Colorado personal injury lawyer.