Is There a Time Limit on My Case?
Every injury case has what is known as a Statute of Limitation. This is the time frame by which a lawsuit must be filed under the law or the case will be barred and forever lost. In most cases, we can 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 out or the insurance company makes a lowball offer. Whether, or not, you actually hire an attorney for your automobile accident or other negligence cases 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. BEWARE!! The deadlines are often different for every state.
For example, if you are assaulted with a car in Denver, 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 maybe two years, and a general negligence claim against the driver for causing an automobile collision in Denver 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 injury attorney who handles personal injury cases. The personal injury lawyers at Western States Law, P.C. are available to meet with you and answer your questions regarding personal injury cases, the statute of limitations, negligence cases, and automobile accidents in Colorado, Utah, and Wyoming. Contact our office based in Aurora, Colorado and speak to a personal injury lawyer 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.