Why is There a Two-Year Statute of Limitations for Colorado Personal Injury Cases?

 Posted on June 23, 2023 in Personal Injury

A statute of limitations establishes a time frame within which a person can bring a lawsuit. In Colorado, the statute of limitations for personal injury claims gives the injured person a maximum of two years after the date of the injury to file a lawsuit seeking compensation, or three years in cases of an injury related to a car accident. If the person files the lawsuit after this time frame, they may lose their right to pursue legal claims. If you need assistance filing a personal injury claim, contact an attorney for helpful legal guidance.

Here is Why There is a Two-Year Limitation Period for Personal Injury Claims

The two-year limitation period is in place to encourage individuals to seek compensation promptly after suffering a personal injury. The state of Colorado believes that allowing an open-ended timeline for personal injury claims would prevent a fair administration of justice. Medical evidence and witness accounts slowly deteriorate over time, making it challenging to gather sufficient evidence to support a sufferer's claims if too much time has elapsed.

The Colorado statute of limitations requires that an individual must file a personal injury lawsuit claiming negligence, product liability, medical malpractice, or a related injury matter against the defendant within two years after the injury's occurrence or discovering the injury's existence if it was not immediately apparent.

Do Any Exceptions Exist?

Yes, some exceptions do exist. For instance, a situation where the plaintiff was under eighteen years old at the time of the injury or suffering from a mental health condition that rendered them physically incapable of filing a claim may also extend the statute of limitation. Additionally, in medical negligence cases, the statute of limitations extends from the day the injury was discovered. Furthermore, the statute of limitations will begin once you are correctly diagnosed if you do not find out about your injury for months or years or if you are misdiagnosed.

In essence, the statute of limitations exists as a way to enforce accountability with mutual benefits to sufferers of injuries, courts, defenders, and the civil justice system at large. The limitations require an immediate and timely response to file a claim, giving plaintiffs enough remaining time to gather evidence, prepare their discovery, and more.

Contact a Colorado Personal Injury Lawyer

For legal professionals with a proven track record of success, contact the skilled Larimer County personal injury attorney with Hoggatt Law Office, P.C.. Call 970-225-2190 for a free consultation today.

Source - https://www.forbes.com/advisor/legal/personal-injury/statute-of-limitations/#:~:text=Evidence%20can%20be%20lost%20and,their%20allegations%20or%20raise%20defenses.