The unanticipated occurrence of personal injuries can cause individuals to endure not only physical but also emotional and financial hardships. In Colorado, a personal injury claim can be filed to seek compensation for injuries caused by someone else’s carelessness or deliberate misconduct. If you want to know how to recover damages in Colorado, you need to know the statute of limitations. If you don’t know what it is, you could lose your chance to sue. Read on to learn about the personal injury claims statute of limitations in Colorado and why you need to move quickly.
How Does A Statute Of Limitations Work?
A deadline by which a plaintiff, with the guidance of a Denver personal injury lawyer, must initiate legal action is known as a statute of limitations. The aggrieved party’s ability to sue the party at fault, notwithstanding the merit of their case, is forfeited once this period has passed. The purpose of establishing statutes of limitations is to encourage equity and facilitate the speedy resolution of legal issues.
Claims For Personal Injuries In Colorado And Their Time Limits
Section 13-80-102 of the Colorado Revised Statutes governs the statute of limitations for lawsuits of personal injuries in the state. The statute of limitations to take a claim for personal injury is two years beginning on the date the injury occurred. This implies that in most cases, you have two years from the date of the incident to begin legal actions after suffering a personal injury in Colorado.
Unique Situations And Exclusions
Even though the typical rule for personal injury claims in Colorado is a two-year statute of limitations, there are several exceptions and specific situations that can impact the timeframe:
- Rule For Discovery: The victim of an accident may not always know what happened or how bad their injuries are. Because of Colorado’s “discovery rule,” the clock can start ticking the moment an injury is found—or should have been—in the state. To be sure the discovery rule doesn’t apply to your case, though, you should talk to a lawyer.
- Young People: The statute of limitations can be tolled or halted until a minor (someone under the age of 18) reaches that age. Because of this, the two-year period might not begin until the minor reaches the age of eighteen. To be sure you’re not breaking any laws, though, it’s best to get a lawyer’s advice.
- Regulatory Bodies: In Colorado, there are shorter deadlines and particular notice requirements when suing a government institution for personal injuries. You risk having your claim canceled or denied if you don’t follow these steps.
- Medical Malpractice: When it comes to medical malpractice, each case in Colorado is subject to its unique deadline. A medical malpractice claim typically needs to be submitted no later than three years after the date of the claimed wrongdoing, but no later than two years after the date the patient finds the harm or should have discovered it.
Why It’s Critical To Submit Your Application Before The Deadline?
There are several compelling reasons why you must not miss the deadline to file a personal injury claim:
- Guarding Against Loss Of Compensation: Injured parties may lose all legal options to seek compensation for their losses if claims are not submitted within the allotted period.
- Preserving Proof: Legal action taken quickly permits the preservation of evidence, including photographs, medical records, and witness statements, all of which may be crucial in establishing your case.
- Having A Leg Up In Settlement: It is talks is possible when you submit your claim before the statute of limitations expires. If a defendant knows they are about to face legal action, they will likely consider your allegation seriously.
- A Sense Of Calm: You can seek justice and recompense for your injuries by initiating legal procedures within the statute of limitations. This can provide you peace of mind at this difficult time.
In Summary
It is crucial to be aware of the personal injury claims statute of limitations in Colorado if you or a loved one has been hurt as a result of someone else’s carelessness or deliberate acts. Your right to seek compensation for your damages can be lost if you fail to file a lawsuit within the statutory term. As a result, you should talk to a lawyer who understands the ins and outs of the system and can help you file your claim before the deadline passes. In Colorado, a personal injury claim must be pursued without delay.