When you are involved in a car accident in Colorado, it is crucial to understand the legal time frame within which you must file a claim to seek compensation. This time frame, known as the statute of limitations, is a critical aspect of personal injury law that dictates how long you have to initiate legal proceedings after an accident.
The statute of limitations for a Colorado car accident claim is generally three years from the date of the accident. Generally, you must file within this timeframe to avoid permanently recovering any compensation for your injuries and losses. However, there are exceptions to this rule that can affect your ability to file a claim.
It’s important to consult with an attorney as soon as possible after an accident to ensure you understand the statute of limitations and any applicable exceptions under Colorado car accident laws.
At The Ferrell Law Firm, PLLC, we specialize in helping accident victims understand their legal rights and secure the compensation they deserve. Our experienced Colorado car accident attorneys are here to guide you through every step of the process, ensuring you meet all necessary deadlines and maximize your compensation.
What Is the Statute of Limitations in Colorado for Car Accidents?
Filing your car accident claim within the statute of limitations is crucial to protecting your legal rights and securing compensation. Colorado Revised Statutes Section 13-80-101 governs the statute of limitations for a Colorado car accident claim. This law stipulates that you have three years from the accident date to file a claim for compensation for personal injuries resulting from the car accident.
Missing this deadline means you will likely lose the opportunity to recover any damages, regardless of the severity of your injuries or the strength of your case. Understanding this critical deadline is essential for protecting your legal rights.
If another person’s negligent act injures you, you will likely be inundated with medical treatments, bills, and lost wages if you cannot work. You are entitled to compensation for your losses. Don’t jeopardize your right to compensation by waiting or hesitating. Contact an attorney and get your case started right away. Taking prompt action also helps preserve evidence and build a stronger case.
Are There Exceptions to the Statute of Limitations?
While the general statute of limitations for a Colorado car accident claim is three years, several important exceptions to this rule can extend or modify the filing deadline. Awareness of these exceptions is essential, as they can significantly impact your ability to pursue a claim.
Discovery Rule
One significant exception is the discovery rule. In some cases, injuries or damages from a car accident may not be immediately apparent. Under the discovery rule, the statute of limitations begins on the date you discover—or a reasonable person would have discovered—the injury or damage. This rule ensures that individuals are not unfairly barred from seeking compensation for latent injuries that do not manifest immediately. For example, if you develop chronic back pain a year after the accident, the three-year period might begin from the date your back pain started, not the date of the accident itself.
Wrongful Death
The statute of limitations for a Colorado car accident claim may be different in cases involving wrongful death. According to Colorado Revised Statutes Section 13-80-102, the family of the deceased has two years from the date of death to file a wrongful death lawsuit. However, if the car accident rises to vehicular homicide as defined in Colo. Rev. Stat. § 18-3-106, the statute of limitations increases to four years. This distinction is important for families seeking justice and compensation for the loss of a loved one.
Minors
Another critical exception involves minors. If a minor is injured in a car accident, the statute of limitations is tolled until the minor reaches the age of 18. The three-year period for filing a claim does not begin until the minor’s 18th birthday, effectively giving them until their 21st birthday to initiate legal proceedings. This protects children’s rights and allows them to pursue a claim when they reach the age of majority.
What Damages Can I Recover for a Car Accident?
When you are involved in a car accident in Colorado, you may be entitled to recover economic and non-economic damages. Economic damages are tangible and quantifiable losses that result directly from the accident. These damages can be calculated using invoices, pay stubs, and receipts and typically include the following:
- Medical expenses,
- Lost wages,
- Property damage, and
- Other out-of-pocket expenses.
Non-economic damages are more subjective and can be challenging to quantify. These damages compensate for the intangible impact of the accident on your life and well-being, and may include:
- Pain and suffering,
- Emotional distress,
- Loss of enjoyment of life, and
- Loss of consortium.
Calculating these damages accurately is important, as they can significantly affect the value of your claim and the amount of compensation you receive. An experienced car accident attorney can accurately assess and document these damages to strengthen your claim and increase your chances of a successful outcome.
Why Should I Consult a Car Accident Attorney?
Consulting a car accident attorney is vital after any accident, but it’s imperative in Colorado, where the statute of limitations (the deadline to file a claim) can be tricky. Determining the exact deadline for your case can be complicated, as it may depend on factors like the type of claim when you discovered your injury and the age of those involved. An attorney can help you understand how these Colorado car accident laws apply to your specific situation and ensure you don’t miss any critical deadlines.
Here are other ways an attorney can help:
Gathering and Preserving Evidence
An attorney can help gather and protect important evidence to support your claim. This includes obtaining police reports, medical records, witness statements, and other documents that can help you build a strong case. Taking quick action helps ensure that evidence is not lost or damaged.
Understanding the Discovery Rule
Colorado’s “discovery rule” can be complicated. An attorney can help you understand how it applies to your situation, especially if you didn’t immediately realize you were injured. They can help you gather the proper evidence to show when you discovered your injury, which is vital for meeting the statute of limitations deadline.
Dealing with Insurance Companies
Insurance companies often try to settle cases quickly for less than they should. An attorney can handle all communication with the insurance company and ensure you don’t get pressured into accepting a low offer. They’ll work to get you the full amount of compensation you deserve.
Taking Legal Action
If the insurance company doesn’t offer a fair settlement, your attorney can file a lawsuit on your behalf. They’ll handle all the legal procedures and represent you in court if necessary.
Contact Our Experienced Colorado Car Accident Attorneys Today
Understanding and adhering to the statute of limitations for a car accident insurance claim helps protect your legal rights and secure the compensation you deserve. At The Ferrell Law Firm, PLLC, we know the law and the local legal landscape.
We have years of experience guiding accident victims through the daunting legal process, and we are happy to help see you through to a successful case conclusion. Our attorneys are familiar with Colorado car accident laws and can help you understand your case. Don’t let the clock run out on your right to seek justice. Contact us today for a free consultation.
FAQs
What If I Miss the Statute of Limitations Deadline?
Missing the deadline usually means you lose your right to sue for damages, meaning you won’t be able to recover for things like medical bills, lost wages, and pain and suffering, even if the accident wasn’t your fault. There are very few exceptions to this rule, so it’s extremely important to contact an attorney as soon as possible after an accident to make sure you don’t miss this crucial deadline.
Does the Statute of Limitations Apply to Insurance Claims?
While the statute of limitations is mainly about when you can file a lawsuit, it can also indirectly affect your insurance claim. Insurance companies know about these deadlines. If they know you’re almost out of time to file a lawsuit, they might not be as willing to give you a fair settlement. They might hope you’ll accept a lower amount just to avoid missing the deadline and getting nothing.
How Can I Prove When I Discovered an Injury for the Discovery Rule?
Medical records are the most important way to prove when you discovered an injury, especially if it didn’t show up right after the accident. Going to the doctor as soon as you notice something is wrong helps create a clear record of when you discovered the injury. Keep a record of all your appointments, what you talked about with your doctors, the results of any tests, and anything else related to your injury.
Can the Statute of Limitations be Paused for Any Other Reasons?
Yes, in addition to the discovery rule and exceptions for minors, there are other less common situations where the statute of limitations might be paused. This can happen if someone is mentally unable to understand what’s happening, is actively serving in the military, or if the driver who caused the accident leaves the state to avoid being sued. An attorney can tell you if any of these special situations apply to your case.
Resources
- Colo. Rev. Stat. 13-80-118, Absence or concealment of a party subject to suit, link.
- Colo. Rev. Stat. 13-81-103, Limitations-Persons Under Disability, link.
Michael, founder of The Ferrell Law Firm, PLLC, specializes in criminal defense and personal injury law. With a background in substance abuse treatment, he brings empathy and understanding to his legal practice. A former Deputy District Attorney in Arapahoe County, Michael has extensive experience prosecuting a wide range of criminal cases, including DUIs and domestic violence. His law degree from the University of Denver Sturm College of Law, combined with his hands-on experience in criminal law, positions him as a knowledgeable and effective advocate for his clients’ rights.
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