Deadline Guide
Colorado Statute of Limitations
Limitation periods control whether a Colorado personal injury claim survives. The default window is two years, but motor vehicle crashes, government claims, medical malpractice, and wrongful death each follow special deadlines. Use this guide to keep every calculator scenario anchored to statutory reality.
Core limitation periods
- Motor vehicle collisions: 3 years from the date of the crash—applies to drivers, passengers, pedestrians, bicyclists, and property damage claims tied to vehicle use.[1]
- General negligence & premises liability: 2 years from the incident date (slip-and-fall, negligent security, product defects not involving motor vehicles).[2]
- Government defendants: Written CGIA notice within 182 days, then a 2-year statute to file suit.[3][4] Missing the notice window bars the case even if the lawsuit is filed on time.
- Medical malpractice: Two years from the date the injury is or should be discovered, capped by a three-year statute of repose unless fraud, concealment, or foreign objects extend it.[5]
- Wrongful death: Two years from the date of death, with a three-year window when the death stems from a hit-and-run traffic crime.[6]
- Product liability: Two years from injury plus a seven-year outer limit from the product’s first sale in most cases.[8]
Discovery rule & tolling
Colorado follows an “accrual” doctrine: the clock starts when the injury and its cause are discovered or should have been discovered with reasonable diligence.[9] Use this to protect latent injuries, but document the medical timeline thoroughly—insurers challenge discovery arguments aggressively.
- Minors & incapacitated adults: Tolling pauses the limitation until the disability resolves (usually the 18th birthday), but motor vehicle cases still must be filed within 3 years of turning 18.[7]
- Absence or concealment by defendants: If the defendant leaves Colorado or hides, the clock can toll until they return or are discovered.[9]
- Fraud & concealment in med-mal: Proves up tolling beyond the three-year repose, but requires specific evidence of intentional cover-up.[5]
Government claims checklist
- Identify every potentially liable public entity (cities, RTD, CDOT, school districts) within the first week of intake.
- Draft and mail CGIA notice by certified mail well before day 182 and retain proof of delivery.[3]
- Calendar the two-year filing deadline under § 24-10-118 simultaneously—notice alone does not stop the statute.[4]
- Preserve maintenance logs, dashcams, and 911 recordings quickly; many municipalities purge data within 90 days.
Medical malpractice and wrongful death focus
- Certificate of review: Colorado requires one within 60 days after the complaint—file before the repose date to keep the courthouse open.[5]
- Wrongful death beneficiary sequence: Only the surviving spouse may file during the first year unless they consent to children filing; plan filings accordingly.[6]
- Criminal charges impact: Vehicular homicide or felony hit-and-run extends the wrongful death limitation to three years—collect charging documents early.[6]
Action plan for intake teams
First 72 hours
- Collect the incident date and police report number immediately.
- Determine whether any public entity is implicated; if yes, start CGIA notice prep.
- Interview clients on symptom onset to gauge discovery-rule arguments.
First 30 days
- Order medical records and imaging to document discovery timelines.
- Log tolling factors (minor, incapacity, absent defendant) in the case management system.
- Run the calculator's statute banner weekly to keep all open files within a 6-month “safe” window.
How the calculator supports deadline management
Enter the incident date, government involvement, and victim age. The calculator displays:
- Days remaining to file under the applicable limitation period.
- CGIA notice countdown when a public entity is identified.
- Flags for minors or incapacitated clients so you can calendar tolling end dates.
- Alerts when the claim is within 6 months of expiration, prompting a litigation hand-off.
References
- [1] Colo. Rev. Stat. § 13-80-101(1)(n) (three-year limitation for motor vehicle tort actions)
- [2] Colo. Rev. Stat. § 13-80-102 (two-year limitation for general tort and premises liability actions)
- [3] Colo. Rev. Stat. § 24-10-109 (Colorado Governmental Immunity Act 182-day notice requirement)
- [4] Colo. Rev. Stat. § 24-10-118 (limitations on actions against public entities and employees)
- [5] Colo. Rev. Stat. § 13-80-102.5 (medical malpractice limitation and three-year repose)
- [6] Colo. Rev. Stat. § 13-21-204 (wrongful death limitation and extensions)
- [7] Colo. Rev. Stat. § 13-81-103 (tolling for minors and persons with mental health disability)
- [8] Colo. Rev. Stat. § 13-80-106 (product liability limitation period)
- [9] Colo. Rev. Stat. § 13-80-108 (accrual of actions and discovery rule)