Colorado requires that car accident injury claims are filed within a 3-year period. If a person does not file a claim within this timeframe, the statute of limitations will be enforced and the person will effectively forfeit any rights of filing a claim.
There are certain circumstances wherein the injured party will be able to file a claim after the 3 year statute of limitations has passed. This will include the following:
- Discovery Rule: In the event that a person was injured in an accident, they may not realize the extent of their injuries for quite some time. For instance, an injury may not be known or may be diagnosed improperly. In the event that the accident caused the injury and the extent of the injuries were not known until after 3 years, it may be possible to file an injury claim at this point.
- Tolling: If, outside of the person’s control, there were circumstances that would not allow a case to move forward, such as being a minor or not competent, the statute of limitations may be extended.
While these circumstances exist, it is vital to have a lawyer work through your case from the beginning. Especially with the discovery rule, there is a very short timeframe from the moment of discovery wherein a claim may be made.
Anyone that has been injured and is a minor will also have more time to file a claim. Under Colorado law, a minor will have 3 years from their 18th birthday where they can file a claim.
Personal Injury Claims Are Different
It is worth noting that car accidents have a longer statute of limitations than other forms of personal injury. Regular personal injuries will have a shorter statute of limitations with a limit of just 2 years.
When in a car accident, a person may have two different statutes of limitations imposed. One limitation would be for filing an injury claim and the second limitation would be imposed if filing a product liability claim. If, for instance, your vehicle’s accelerator was stuck due to a known defect, you would have a 2-year statute of limitations imposed on product liability and a 3 year statute of limitations for injury claims.
Get Help Now
Seeking immediate legal representation is of the utmost importance following a car accident. Not only will a lawyer be able to help you file a claim, they will know the statute of limitation laws and how to best protect your rights. To get help for your car accident injury claim, call the Law Office of Jeremy Rosenthal today and start protecting your future.