Is there a time limit running on my case?
Every injury case in Colorado has what is known as a Statute of Limitation. This is the time frame by which a lawsuit must be filed under Colorado law or the case will be barred and forever lost. In most cases we are able to resolve the matter through negotiations and by sending what the industry refers to as a "demand letter." However, often a lawsuit is necessary simply because time is about to run or the insurance company makes a low ball offer. Whether or not you actually hire an attorney for your automobile accident or other negligence case in Colorado, you should immediately contact an attorney to determine the time frame by which your suit must be filed.
Generally, as of January 2011, the statute of limitations for automobile accidents in Colorado is three (3) years. This means that if you do not settle the case within three years from the date of your automobile collision in Colorado, your claim will likely be barred. The statute of limitations for premises liability claims (slip-and-fall or trip-and-fall) is generally two years. Thus, if you were injured on the property of another, due to negligence, you must either file a lawsuit or settle your case within two years from the day you were injured. You should not rely on these dates without first talking to an attorney as some personal injury claims in Colorado may have shorter time frames or a combination of multiple deadlines.
For example, if you are assaulted with a car in Colorado while the driver of the car is on-the-job, there could be three different claims and three different statutes of limitations. An assault claim may be one year, a claim against the employer for negligent entrustment or negligent supervision may be two years and a general negligence claim against the driver for causing an automobile collision in Colorado would likely be three years. Again, there are so many variations that you should immediately consult with a qualified personal injury lawyer in Colorado.
There are a few circumstances in which the statute of limitations may be extended in a Colorado personal injury claim (e.g. claims of minors, disabled, the "discovery rule"). However, you should not assume that you will benefit from any of these legal theories without first consulting with a qualified Colorado attorney who handles personal injury cases. The personal injury lawyers at Norton Law Offices, P.C. are available to meet with you and answer your questions regarding personal injury cases, statute of limitations, negligence cases and automobile accidents in Colorado. Contact a Denver personal injury lawyer at (303) 400-8100 or toll free at (888) 784-5529 during regular business hours or submit a question in the form on this page and your question will be sent directly to a personal injury lawyer's cell phone immediately.
Remember the statute of limitations varies from state-to-state. Thus, you should contact a licensed and qualified personal injury attorney in the state where your injury occurred. The statute of limitation in Colorado for personal injury cases is the same across the state.