You can be prevented from taking your case to court if you do not file your claim within those two years. The countdown usually starts on the date you were hurt, but injuries don’t always appear immediately.
As a result, the two-year period begins on the date of discovery or when the plaintiff becomes aware of or ought to become mindful of injuries. A plaintiff has two years to file a personal injury lawsuit and 180 days to file a formal claim if the defendant is in Colorado.
The statute of limitations for motor vehicle accidents in Colorado is three years and begins immediately following the incident. Tolling is another Colorado exception to the statute of limitations. Tolling refers to a variable outside the plaintiff’s control, preventing the case from proceeding. A case may be put on hold indefinitely until the obstacle is removed in such a situation.
In a case involving personal injury, some examples include:
- The defendant is bankrupt.
- The victim is a minor.
- The victim is not mentally competent.
A plaintiff must file a lawsuit to toll the Colorado personal injury statute of limitations.
What Happens if You File a Claim After the Colorado Personal Injury Statute of Limitations Has Expired?
A person injured in Colorado cannot pursue damages after the statute of limitations has run out, and a court is likely to decline to hear the case. You will likely never receive compensation for your injuries and damages if you do not submit your claim within the stipulated time frame.
Meeting with a skilled Denver Personal Injury Attorney as soon as possible after your accident is the best way to ensure that your claim is filed within the applicable time frame. The statute of limitations for personal injury claims in Colorado is shorter the longer you wait to act. In addition, the longer you wait, the more likely it is that evidence related to your claim will be destroyed and that you will have to wait longer for a settlement.