Medical Malpractice Statute of Limitations in Colorado
Last verified 2026-07 · Source: C.R.S. § 13-80-102.5 ✓ verified · 3 sources
The deadline
2 years
from the date the action accrues, when the injury and its cause are known or should have been known by the exercise of reasonable diligence, under C.R.S. § 13-80-102.5.
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The deadline to file a medical malpractice claim in Colorado is 2 years, set by C.R.S. § 13-80-102.5. It starts running on the date the action accrues, when the injury and its cause are known or should have been known by the exercise of reasonable diligence. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Colorado Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 2 years | C.R.S. § 13-80-102.5 |
| Car Accident | 3 yrs | C.R.S. § 13-80-101(1)(n) |
| Credit Card Debt | 6 yrs | Colo. Rev. Stat. § 13-80-103.5(1)(a) |
| Wrongful Death | 2 yrs | Colo. Rev. Stat. § 13-21-204 (via § 13-80-102) |
| Personal Injury | 2 yrs | C.R.S. § 13-80-102(1)(a) |
| Dog Bite | 2 yrs | C.R.S. § 13-80-102 |
| Slip and Fall | 2 yrs | C.R.S. § 13-80-102 |
| Defamation | 1 yr | C.R.S. § 13-80-103(1)(a) |
| Breach of Contract | 3 yrs | Colo. Rev. Stat. § 13-80-101(1)(a) |
| Medical Debt | 6 yrs | C.R.S. § 13-80-103.5 |
When the Clock Starts
In Colorado, the limitations period for medical malpractice claims generally begins on the date the action accrues, when the injury and its cause are known or should have been known by the exercise of reasonable diligence. Colorado recognizes a discovery rule for this claim type: The two-year period runs from discovery, but in no event may an action be brought more than three years after the act or omission (a three-year statute of repose), subject to exceptions for knowing concealment, an unauthorized foreign object, and injury not discoverable with reasonable diligence.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Under the Colorado Governmental Immunity Act, written notice of a claim against a public entity (including a public hospital) must be filed within 182 days after discovery of the injury (C.R.S. § 24-10-109).
- Damage caps: Noneconomic damages capped at $300,000 for 2025, increasing incrementally to $875,000 by 2029 under HB24-1472, within an increasing overall cap on total damages (C.R.S. § 13-64-302).
A certificate of review by a qualified expert must be filed within 60 days of serving the complaint (C.R.S. § 13-20-602); HB24-1472 (2024) raised the medical-malpractice damage caps effective January 1, 2025, phasing upward through 2029 with biennial inflation adjustments thereafter.
Source: C.R.S. § 13-80-102.5, official Colorado statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Colorado government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Colorado Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Colorado | 2 years | C.R.S. § 13-80-102.5 |
| Wyoming | 2 yrs | Wyo. Stat. § 1-3-107 |
| Nebraska | 2 yrs | Neb. Rev. Stat. § 44-2828 |
| Kansas | 2 yrs | K.S.A. 60-513(a)(7), (c) |
| Oklahoma | 2 yrs | Okla. Stat. tit. 76, § 18 |
| New Mexico | 3 yrs | NMSA 1978 § 41-5-13 |
| Utah | 2 yrs | Utah Code § 78B-3-404 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Colorado?
You have 2 years from the date the action accrues, when the injury and its cause are known or should have been known by the exercise of reasonable diligence, under C.R.S. § 13-80-102.5.
Can I still sue after 2 years in Colorado?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to medical malpractice claims in Colorado?
Yes. The two-year period runs from discovery, but in no event may an action be brought more than three years after the act or omission (a three-year statute of repose), subject to exceptions for knowing concealment, an unauthorized foreign object, and injury not discoverable with reasonable diligence.
What if the victim was a minor?
Colorado generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Under the Colorado Governmental Immunity Act, written notice of a claim against a public entity (including a public hospital) must be filed within 182 days after discovery of the injury (C.R.S. § 24-10-109).
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Sources
- Official Colorado Revised Statutes 2024, Title 13 (§ 13-80-102.5) — Colorado General Assembly
- Corroborating C.R.S. § 13-80-102.5 — Justia
- Corroborating Colorado Medical Malpractice Laws and Procedures — Nolo
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Colorado attorney.