What is the Statute of Limitations in a Car Accident Claim in Colorado?
If you have a possible car accident claim in Colorado, many state laws will apply to your case. One important law is the statute of limitations, which is set by the laws of each individual state.
Under the statute of limitations, you only have limited time to file a personal injury lawsuit when necessary following a car crash. This means you should never delay in consulting a Colorado car accident attorney who can begin working on your case.
Swift action ensures you don’t miss out on your opportunity to seek compensation for your injuries and damages. Never wait to discuss a possible claim with a trusted Colorado car accident lawyer. Consultations are free.
What is a Statute of Limitations?
A statute of limitations is a law that sets a specific time period during which a person can bring a legal claim in civil court. It acts as a deadline for filing a lawsuit and seeks to balance the need for timely dispute resolution with the fairness of allowing potential claimants a reasonable amount of time to pursue a case.
In the context of car accident claims, the statute of limitations determines the time you have to file a personal injury lawsuit seeking compensation for your damages from liable parties.
In Colorado, the statute of limitations for car accident claims is three years from the accident date.
Colorado’s Statute of Limitations Differs for Motor Vehicle Cases
Colorado’s statute of limitations for motor vehicle accident cases differs from those of other types of personal injury lawsuits. While the statute of limitations for car accident claims is three years, the deadline for other personal injury claims, such as slip and fall accidents or medical malpractice, is only two years from the date of the injury. This is only one example of how personal injury laws can be more complicated than you might think, so always seek representation from an attorney who handles your type of case.
Are There Exceptions to the Statute of Limitations?
While the general rule is that you have three years from the car accident to file a lawsuit, exceptions may extend or shorten this time frame. All car accident victims should understand these exceptions to ensure they protect their legal rights and do not miss out on the opportunity to seek compensation. The best way to do this is by hiring a car accident attorney immediately.
Discovery Rule
The discovery rule is one exception to the statute of limitations in car accident cases. Under the discovery rule, the statute of limitations may be extended if you were unaware of your injuries or the extent of your damages immediately after the accident. In such cases, the time limit to file a lawsuit may begin from the date you discovered or reasonably should have discovered your injuries. It is important to consult an attorney to determine if the discovery rule applies to your situation.
Statute of Repose
Another complicated exception is the statute of repose. The statute of repose limits the time within which you must file a lawsuit, even if the discovery rule applies. In Colorado, the statute of repose for car accident claims is generally six years from the accident date. However, there are exceptions to this rule as well, such as cases involving minors or individuals who are deemed mentally incapacitated.
What Happens if You Miss the Statute of Limitations?
If you fail to file a lawsuit within the statute of limitations, you may lose your right to seek compensation for your injuries and damages. The court may dismiss your case, citing that it is time-barred and you cannot recover any compensation through a lawsuit. For this reason, you must be aware of the statute of limitations and take prompt action when filing your claim.
How the Statute of Limitations Affects Insurance Claims
In addition to filing a lawsuit, the statute of limitations can also affect your ability to pursue an insurance claim. Insurance companies typically have their own deadlines for filing claims, which may be shorter than the statute of limitations. If you miss the deadline to file an insurance claim, you may jeopardize your chances of receiving compensation from the insurance company.
Even if an insurance company has no deadline, it will know the statute of limitations for a lawsuit in your case. If the deadline to initiate litigation draws near, your chances of obtaining a fair settlement offer generally decrease. Once the statute of limitations passes, the insurer knows you lose the leverage of filing a lawsuit, so you must accept whatever the company offers. This significantly limits your options for compensation.
Never Delay in Consulting a Colorado Car Accident Lawyer
When you have a car accident in Colorado, the statute of limitations is a critical factor you must not overlook. Filing a lawsuit within the specified time frame is necessary to preserve your right to seek compensation for your injuries and damages.
To ensure you adhere to the statute of limitations, consult a knowledgeable and experienced Colorado car accident attorney as soon as possible. By working with a skilled attorney, you can receive guidance and support throughout the entire claims process.
They can gather the necessary evidence, deal with insurance companies, negotiate settlements, and, if necessary, file a lawsuit on your behalf. Their experience and understanding of Colorado’s laws and regulations will greatly increase your chances of obtaining the justice and compensation you deserve.
Do not delay seeking legal assistance after a car accident in Colorado. Get a free consultation to discuss your case with Colorado personal injury lawyer. You have nothing to lose and much to gain by taking action to protect your legal rights now.