What is the personal injury statute of limitations in Colorado?

1. General Personal Injury

C.R.S. § 13-80-102 imposes a 2-year SOL for personal injury. Motor vehicle tort actions have a 3-year SOL under § 13-80-101(1)(n).

2. Wrongful Death

C.R.S. § 13-80-102(1)(d) imposes a 2-year SOL for wrongful death, running from date of death (3 years for motor vehicle-related deaths).

3. Medical Malpractice

C.R.S. § 13-80-102.5 imposes a 2-year SOL from injury or discovery, with a 3-year statute of repose. Exceptions exist for foreign objects, concealment, and minors.

4. Discovery Rule

Colorado follows the discovery rule under § 13-80-108, with accrual when the plaintiff has knowledge of injury and its cause.

5. Minor / Disability Tolling

C.R.S. § 13-81-103 tolls SOL during minority and disability. Minors generally have 2 years from majority to file.

6. Government Defendant

The Colorado Governmental Immunity Act (C.R.S. § 24-10-109) requires written notice within 182 days of discovery of injury. Damages capped at $424,000 per person / $1.195 million per occurrence (2024 adjusted figures).

7. Product Liability

C.R.S. § 13-21-403 establishes a 10-year presumption of non-defectiveness rather than a strict repose; § 13-80-106 imposes a 2-year SOL.

8. Equitable Tolling / Fraudulent Concealment

Equitable tolling is recognized when extraordinary circumstances or defendant's wrongful conduct prevented timely filing.

9. Borrowing Statute

C.R.S. § 13-80-110 borrows the foreign state's shorter SOL when the cause accrued outside Colorado.

This is legal information, not legal advice.