Personal Injury Statute of Limitations in Colorado

It starts with a frantic phone call. A client—we’ll call him Dan—hired one of those billboard lawyers after a nasty wreck on I-25. For two and a half years, Dan did everything right. He went to every doctor's appointment, followed every instruction, and dutifully sent every medical bill to his lawyer’s office.

He’d call for updates and get the same runaround from a paralegal. “We’re working on it.” “The insurance company is being difficult.” “These things take time.” For nearly three years, he trusted the process. He trusted the guy whose face he saw on a bus bench.

Then, just a week before the third anniversary of his crash—the absolute drop-dead deadline for the personal injury statute of limitations in Colorado—he got a letter. His lawyer was dropping him. The letter was full of legal gibberish, but the message was clear: You’re on your own. Panic set in. He called us. That’s the kind of fire I live to put out—the kind started by someone else’s carelessness.

The Clock Insurance Companies Pray You’ll Ignore

Let’s be brutally honest. A statute of limitations isn't just a legal deadline; it's a weapon. And insurance companies are experts at using it against you. They know you're hurt, confused, and just trying to get your life back. They thrive on that chaos.

They will lull you into a false sense of security, making you think they’re working on a fair settlement. All the while, the clock is ticking. Miss that deadline by a single day, and it doesn't matter how obvious the other guy’s fault was. Your right to compensation vanishes. Poof. Gone forever. This isn't a bug in the system; it's a feature they exploit for profit.

My job is to make sure that never happens. This guide isn’t a textbook. It’s a map through a minefield designed by people who absolutely do not have your best interests at heart.

The Two Deadlines That Define Your Entire Case

Forget the legal jargon for a second. Let's get straight to it. In Colorado, your right to sue is governed by cold, hard deadlines—absolute, non-negotiable cutoffs. The insurance adjuster on the other end of the line knows every single one of them by heart. They are counting on you not to.

The law carves out two primary timelines. Knowing which one applies to you is the first—and most critical—step. Getting it wrong isn't an option.

The Two-Year Rule for Most Injury Claims

For most personal injury claims—the stuff that happens outside of a car—the clock is set to two years. Think of this as the default setting for seeking justice when someone else’s carelessness upends your life. This is the personal injury statute of limitations Colorado applies to a wide swath of incidents.

This two-year window covers things like:

• Slip and falls on a negligently icy sidewalk.
• Dog bites from an irresponsible owner’s animal.
• Defective products that malfunction and cause you harm.
• Even devastating wrongful death claims are typically bound by this two-year deadline.

An insurance company will gladly talk settlement with you for 23 months, stringing you along with fake sympathy. Then, on month 25, they’ll simply stop returning your calls, knowing your claim just became worthless.

The Three-Year Rule for Motor Vehicle Wrecks

Now for the major exception—motor vehicle accidents. If your injuries were caused by a car/truck/motorcycle crash, Colorado law gives you a little more breathing room. You have three years from the date of the wreck to file your lawsuit.

Why the extra year? The legislative history is a snooze. What matters is that this is your deadline—the one that governs the crashes Conduit Law specializes in. It’s a crucial distinction.

But don’t let that extra time fool you into complacency. An insurance company can waste three years just as easily as they can waste two. Their core strategy is always the same: delay, deny, defend.

Understanding these deadlines is the absolute foundation of your claim. This decision tree shows the simple, brutal reality of how the clock starts the second you're hurt.

The moment of injury is the moment of truth. Your legal rights become a finite resource with a firm expiration date.

Colorado Personal Injury Filing Deadlines at a Glance

To make it even clearer, here’s a quick-reference table outlining the critical statutes of limitations for common personal injury claims in Colorado.

Type of Injury Claim	Statute of Limitations (Deadline to File)	Governing Statute
Motor Vehicle Accidents	3 Years from the date of the accident	C.R.S. § 13-80-101(1)(n)
General Personal Injury (e.g., slip & fall, dog bite)	2 Years from the date of the injury	C.R.S. § 13-80-102(1)(a)
Wrongful Death	2 Years from the date of the person's death	C.R.S. § 13-80-102(1)(d)
Claims Against the Government (Notice Requirement)	180 Days to file a formal notice of claim	C.R.S. § 24-10-109

It's also crucial to remember these aren't the only deadlines. If your claim is against a government entity—like a city bus—you have a shockingly short 180 days just to give them formal notice. The rules are designed to be confusing.

Determining the exact deadlines for your personal injury claim requires you to conduct thorough legal research, but you shouldn't have to become a legal scholar while you're trying to heal. That’s my job. The insurance company’s entire business model is built on you not understanding these dates.

The Rare Exceptions That Insurance Companies Hate

So, the clock starts the second you’re hurt. Simple, right? But the law—much like life—is rarely that neat. Sometimes, the countdown doesn't begin right away. There are rare, specific exceptions that can pause, or “toll,” the relentless ticking of the personal injury statute of limitations in Colorado.

You can bet your last dollar the insurance company will fight tooth and nail to argue these exceptions don't apply to you. Relying on one without an expert legal argument is a gamble they are absolutely thrilled for you to take.

When the Injured Person Cannot Act for Themselves

The law recognizes that some people aren’t in a position to stand up for their own rights. In these deeply unfortunate but necessary situations, the statute of limitations can be tolled.

• Injured Minors: If the injured party is a child under 18, the clock on their claim typically doesn't start running until their 18th birthday. A child can't legally file a lawsuit—or negotiate with a soulless insurance corporation.
• Mental Incapacity: Similarly, if a person is rendered mentally incapacitated by their injuries—say, from a severe traumatic brain injury—the deadline may be tolled until their capacity is restored.

These aren't loopholes. They are narrow, hard-fought protections. The burden of proving incapacity is immense, and insurers will deploy their own doctors and experts to argue your loved one was perfectly capable of filing a claim.

The All-Important (and Highly Contested) Discovery Rule

Then there’s the “discovery rule.” It addresses a fundamental unfairness: what happens when you don't know you've been injured right away? Imagine a surgeon leaves a sponge inside you. You feel sick for months, but have no idea why.

The discovery rule argues that the statute of limitations clock shouldn't start ticking until the date you discovered—or reasonably should have discovered—both the existence of your injury and its cause.

That italicized part is where the war is fought. The insurance company will argue you “should have known” far earlier. They’ll pore over your life, looking for any shred of evidence to start the clock sooner and slam the door on your claim. It's a brutal tactic designed to punish you for not having a crystal ball.

Remember, every single one of these exceptions is an uphill battle. The insurance company’s default position is that no exception ever applies. While these rules exist to promote fairness, navigating them alone is precisely the kind of mistake that can cost you everything. If you believe your situation may fall under one of these exceptions, understanding how long you have to report an accident to insurance is just the first step.

When Your Opponent Is the Government, the Rules Change

If you thought the standard deadlines were tight, welcome to a different—and far more brutal—ballgame. When the party that injured you is a government entity, the rules are rewritten. And not in your favor.

Maybe a city bus blew a red light and T-boned you. Perhaps you slipped on a dangerously icy sidewalk outside a courthouse. In these moments, you’re no longer just up against an insurance company; you’re up against the City of Denver/the State of Colorado/some other public entity. They’ve given themselves a massive head start.

The 180-Day Notice of Claim Trap

Under the Colorado Governmental Immunity Act (CGIA), you don’t have years. You have just 180 days—roughly six months—from the date of your injury to file a formal, written “notice of claim.”

Let me be painfully clear: this is not a lawsuit. It’s a mandatory prerequisite—a formal heads-up letter sent to the correct government office, in the correct format. If you fail to file this specific notice within that unforgiving six-month window, your right to ever file a lawsuit is extinguished. Gone. No exceptions.

This 180-day notice requirement is one of the most effective and vicious traps in Colorado law. It catches countless people who rightfully assume they have two or three years.

Why This Deadline Is So Vicious

The danger of the CGIA notice deadline is its quiet, unforgiving nature. The 180-day clock is ticking silently in the background, and no one is obligated to warn you about it.

This short timeline complicates everything:

• Injury Discovery: What if the full extent of your injuries isn’t even clear within six months? A traumatic brain injury’s symptoms can take time to manifest.
• Investigation: Properly investigating the claim—identifying the right public entity, gathering evidence—takes time you simply don’t have.
• Procedural Perfection: The notice has to be perfect. A mistake can get your entire claim thrown out.

When your claim involves a government entity, understanding specific government legal considerations is paramount. This is not a DIY project. You might find our article on what happens after a snow plow accident helpful, as these often involve municipal entities. Getting this wrong means forfeiting your rights before the fight even begins.

What Happens When You Miss the Deadline?

This is the cold, hard truth. The moment the personal injury statute of limitations expires, your legal claim is gone. It doesn't just get weaker; it ceases to exist.

It doesn't matter how badly you were hurt. It doesn't matter if the other driver was drunk, texting, and juggling chainsaws. Your leverage—your power to demand fair compensation—drops to zero. Overnight, your claim becomes worthless.

This isn't just bad luck. It’s the finish line of the insurance industry’s most profitable game: delay, deny, defend.

The Insurer’s Slow-Walk to Victory

For months, maybe years, they’ll string you along with vague promises. They will bury you in pointless paperwork, all for one purpose: to run out that clock. Every day they stall is another day closer to paying you nothing.

Then, when that final day passes? They win. You get nothing. It's the quiet, procedural way of slamming the door in your face and locking it forever.

This is exactly why they ask for just one more document, why they promise a supervisor will call you back "sometime next week." They are just killing time—your time. And once it's gone, so is your only chance at justice.

The Stakes Have Never Been Higher

Missing a deadline has always been a disaster, but recent changes in Colorado law have raised the financial stakes. The potential value you stand to lose is now immense, making the insurance company's delay tactics even more aggressive.

As of January 1, 2025, the caps on non-economic damages for many civil actions will skyrocket to $1.5 million. These are the damages for pain, suffering, and loss of quality of life. You can find more details about how Colorado dramatically changed its damage caps.

This huge increase means insurance companies now have millions more reasons to make sure you miss your deadline. They will fight harder than ever to run out the clock, because the price of failing to do so just went through the roof.

The insurer’s strategy is simple: delay, deny, defend. They will gladly talk settlement for two years and 364 days, then ghost you on the final day, knowing your rights have just expired.

How to Protect Your Claim Before It’s Too Late

Knowledge is your shield—but action is your sword. You don't have to play the insurance company's cynical games. The only way to take control of your future after an injury is to take immediate, decisive steps.

It isn't complicated, but it is urgent. The insurance adjuster is banking on your exhaustion and confusion to keep you passive. Don't give them that satisfaction.

Your Immediate Action Plan

Here is a clear, no-nonsense plan to lock down your claim right now. Not tomorrow, not next week—today.

1. Get Medical Care Immediately. Your health always comes first. But legally, immediate care creates an undeniable record connecting your injuries directly to the accident. Follow every single doctor's order.
2. Document Everything. Become a meticulous record-keeper. Snap photos of the scene, your injuries, and property damage. Write down every detail you remember. Get names and numbers of witnesses. Save every bill, receipt, and email.
3. Refuse the Recorded Statement. This one is critical. The other party’s insurance adjuster will call, sounding friendly, and ask for a recorded statement. Politely decline. Their only goal is to get you on tape saying something—anything—they can twist to devalue or deny your claim.
4. Contact an Experienced Lawyer. The legal system is complex by design. Navigating the personal injury statute of limitations in Colorado isn’t something you should do alone, especially when you're supposed to be focused on healing.

The system is built to be confusing. An experienced attorney’s job is to cut through that confusion so you can focus on getting better.

Following these steps is the absolute best way to preserve your rights. If you want a more detailed breakdown, our guide on the essential steps to take after a car accident provides a more in-depth look.

This isn't just about winning a case. It’s about stopping the insurance company from taking advantage of you when you are at your most vulnerable.

Frequently Asked Questions (The Straight Answers)

You have questions. The law can feel intentionally confusing—and frankly, insurance companies prefer it that way. Here are some quick, straightforward answers.

Does Talking to an Insurance Company Pause the Statute of Limitations?

No. Absolutely not. This is a dangerous myth, and it's one that insurance companies are more than happy to let you believe. Negotiating with an adjuster, sending them your medical records, or listening to their empty promises does not stop the clock.

What if I Didn’t Realize How Bad My Injury Was Until Later?

This is why Colorado has the "discovery rule." In some situations, this rule can pause the statute of limitations until the date you knew, or reasonably should have known, that you were hurt and that someone else’s negligence was the cause. But relying on the discovery rule is a complex, uphill legal fight. The insurer’s lawyers will argue you “should have known” much sooner.

Is the Statute of Limitations Different for a Wrongful Death Claim?

Yes, and it's just as unforgiving. For most wrongful death claims in Colorado, the statute of limitations is a strict two years from the date of your loved one's passing. Given the emotional devastation of these cases, it's vital to speak with an attorney as soon as you can.

Does This Deadline Apply to My Car’s Property Damage?

The deadlines can be different—another trap. While the statute of limitations for the bodily injury side of a car accident claim is three years, the deadline for filing a lawsuit for property damage to your vehicle is typically only two years in Colorado. It’s one more way the system can trip you up if you aren't careful.

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Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult with a qualified attorney to discuss the specifics of your situation. Reading this post or contacting Conduit Law does not create an attorney-client relationship.

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It’s a lot, I know. But you don’t have to figure this out alone. My team and I handle the deadlines, the adjusters, and the entire legal fight so you can focus on healing. If you’re hurt and worried about the clock, give us a call. The consultation is always free. I got you.