You may have heard the term “statute of limitations” before, but what does it mean when it comes to car accidents in Colorado? Basically, it’s a time frame set by the law during which you can either file a claim for damages or sue the person responsible for the accident. Once that time limit expires, you no longer have legal recourse to pursue compensation. The statute of limitations for car accidents in Colorado can be a bit tricky to navigate, so it’s important to understand your rights and options. In this article, we’ll break down everything you need to know about the statute of limitations for car accidents in Colorado in plain, easy-to-understand language.
What is a Statute of Limitations?
Before delving into the specifics of statute of limitations for car accidents in Colorado, it is essential to define the term “statute of limitations.” A statute of limitations pertains to the time limit in which an individual can file a lawsuit against another party. These laws are designed to encourage individuals to pursue their cases quickly, while also ensuring that evidence is still preserved and available.
Statute of Limitations for Car Accidents in Colorado
Colorado’s statute of limitations for car accidents essentially limits how long an individual has to file a claim if they are involved in a car accident. In Colorado, the statute of limitations for car accidents is three years from the date of the accident. This means that a person must file any lawsuits related to the accident within three years of the collision. However, it is important to note that there are a few exceptions to this rule.
Exceptions to the Statute of Limitations for Car Accidents in Colorado
While Colorado typically enforces a three-year statute of limitations for car accidents, there are certain situations in which the deadline can be extended. Here are some exceptions:
Discovery of Injury
If an individual sustains an injury in a car accident, but it is not immediately known, the statute of limitations is extended to three years from the date the injury was discovered. This circumstance often occurs in cases where the injuries are internal or not easily visible.
Underage Victims
If a child is involved in a car accident, the statute of limitations does not begin until the child turns 18 years old. Therefore, the child has three years from their 18th birthday to file any lawsuits related to the accident.
Government Vehicles
If the car accident involves a government vehicle, the timeframe to file a claim is much shorter. In most cases, the individual has only 180 days to file a lawsuit against the government.
Negotiations
It is common for individuals to negotiate with the other driver or insurance company to settle a car accident without involving legal action. If there is a written agreement for settlement, the statute of limitations is extended to six years from the date of the accident.
Why the Statute of Limitations is Important
The statute of limitations is important because it provides structure and order in the legal system. It encourages individuals to pursue their cases quickly, while also ensuring that evidence is still available and the memory of the incident is still relatively fresh. Waiting too long to file a lawsuit can prevent individuals from seeking justice or receiving the compensation they deserve.
Conclusion
If you have been involved in a car accident in Colorado, it is essential to be aware of the statute of limitations. Knowing the timeframe in which you can file a lawsuit is crucial, as it can affect the outcome of your case. Additionally, it ensures that you do not miss your opportunity to seek justice and receive the compensation you deserve.
How long is the statute of limitations for car accidents in Colorado?
Car accidents are common occurrences on Colorado roads. However, those who are involved in car accidents may be unaware of the statute of limitations for them. The statute of limitations in Colorado is the time within which a person must file a lawsuit after being involved in a car accident. If a person fails to file a lawsuit within the set time limit, they risk losing their legal rights and any chance of getting compensation for damages and injuries incurred during the accident. Here are some things to note about the statute of limitations for car accidents in Colorado.
The Statute of Limitations for Personal Injury
The statute of limitations for personal injury in Colorado is two years from the date of the car accident. However, there are exceptions to this rule, depending on the circumstances surrounding the accident. For instance, if the accident victim is a minor, the two-year limit may be waived until they reach the age of majority (18 years old) and can file a lawsuit on their own behalf. Additionally, if the defendant in the case leaves the state of Colorado after the accident, their period of absence might not be counted as part of the 2-year limit.
The Statute of Limitations for Property Damage
The statute of limitations for property damage in Colorado is three years from the date of the car accident. Property damages may include repairs or replacement of the damaged vehicle or other personal items damaged in the accident.
What Are the Consequences of Missing the Deadline?
If a person misses the deadline set by the statute of limitations, the court may dismiss their case, and they will be unable to recover any damages. The defendant may request the court to dismiss the case once they file a response in the lawsuit agreeing that the plaintiff has missed the statute of limitations deadline.
What Should You Do If You Have Been in A Car Accident?
If you have been in a car accident, you should seek medical attention promptly, and also gather evidence such as eyewitness statements, police reports, photographs, and medical records that document the extent of injury and damages caused. Then, contact a personal injury attorney to discuss the possibility of getting compensation through a lawsuit.
Can You File A Lawsuit Beyond the Statute of Limitations?
Colorado’s statute of limitations is a strict rule and should be taken seriously. Even if the circumstances surrounding the accident seem to merit compensation, if a person misses the deadline, they lose their right to bring a lawsuit. Therefore, it is recommended that anyone who has been in a car accident take action as soon as possible to avoid missing the deadline.
Why Statute of Limitations Is Essential?
The statute of limitations is important because it helps to ensure that cases are heard while the evidence is still fresh and available. This helps to prevent fraudulent claims and promotes the timely resolution of disputes.
What Happens If You Share Fault?
Colorado is a comparative negligence state, meaning that if more than one party is at fault for an accident, the amount of compensation to be awarded will be proportionate to their degree of fault. This means that even if a person is partially to blame for the accident, they may still recover compensation.
How Can A Legal Professional Help?
A legal professional can help accident victims to determine the best course of action, based on the circumstances surrounding their case. They can also help with gathering evidence, filing the lawsuit, and negotiating a settlement on behalf of the victim.
Conclusion
Understanding the statutes of limitations for car accidents in Colorado is crucial when pursuing compensation for damages and injuries incurred during car accidents. While 2 years are adequate time to file a lawsuit in most of the cases, it is advisable to contact a lawyer as soon as possible to protect one’s legal rights and ensure that all the proper documents and evidence are gathered in a timely manner.
What Happens If the Statute of Limitations Expires?
If you fail to file a lawsuit before the statute of limitations expires, your case will likely be dismissed by the court. This means that you won’t be able to recover any compensation for your injuries, even if the other driver was clearly at fault. However, there are a few exceptions to this rule that may allow you to proceed with your case even if the deadline has passed.
Exceptions to the Statute of Limitations in Colorado
There are several situations in which the statute of limitations may be extended in Colorado. These include:
| Exception | Details |
|---|---|
| Discovery Rule | If you didn’t discover your injuries until after the accident, the statute of limitations may be extended to two years from the date of discovery. |
| Minor Children | If the accident involved a minor child under the age of 18, the statute of limitations may be extended until the child’s 20th birthday. |
| Out of State Defendant | If the defendant lives outside of Colorado, the statute of limitations may be extended to two years from the date that the defendant returns to the state. |
Why You Shouldn’t Wait to File Your Claim
Even if you think you have a valid exception to the statute of limitations, it’s always better to file your claim as soon as possible. This will give you the best chance of recovering compensation for your injuries and avoiding costly legal fees.
Additionally, waiting too long to file your claim may make it more difficult to gather evidence, locate witnesses, and build a strong case. This is why it’s important to consult with a qualified car accident attorney as soon as possible after the accident.
Don’t let the statute of limitations prevent you from recovering the compensation you deserve. Contact a Colorado car accident attorney today to discuss your case and explore your legal options.
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That’s a Wrap!
We hope that this article on the statute of limitations for car accidents in Colorado gave you all the information you needed. Remember, it’s important to understand the time limits for filing a claim if you’re ever involved in an accident. Thanks for reading and we hope to see you again soon for even more helpful and interesting articles!
