Personal Injury Statute of Limitations in Colorado
Last verified 2026-07 · Source: C.R.S. § 13-80-102(1)(a) ✓ verified · 3 sources
The deadline
2 years
from Date of accrual, which under C.R.S. § 13-80-108 is the date injury is discovered or should have been discovered by the exercise of reasonable diligence, under C.R.S. § 13-80-102(1)(a).
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If you're researching personal injury lawsuits in Colorado, the single most important number is 2 years. That's how long C.R.S. § 13-80-102(1)(a) gives you to file a personal injury lawsuit, counted from Date of accrual, which under C.R.S. § 13-80-108 is the date injury is discovered or should have been discovered by the exercise of reasonable diligence. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Colorado Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 2 years | C.R.S. § 13-80-102(1)(a) |
| 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) |
| Medical Malpractice | 2 yrs | C.R.S. § 13-80-102.5 |
| Wrongful Death | 2 yrs | Colo. Rev. Stat. § 13-21-204 (via § 13-80-102) |
| 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 personal injury lawsuits generally begins on Date of accrual, which under C.R.S. § 13-80-108 is the date injury is discovered or should have been discovered by the exercise of reasonable diligence. Colorado recognizes a discovery rule for this claim type: Colorado's accrual rule under C.R.S. § 13-80-108 incorporates a discovery standard — the cause of action accrues when the claimant discovers, or through reasonable diligence should have discovered, the physical manifestation of the injury.
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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: Written notice of claim required within 182 days of discovery of injury under the Colorado Governmental Immunity Act (C.R.S. § 24-10-109)
- Damage caps: Noneconomic damages capped at approximately $642,180 (or $1,284,370 with clear and convincing evidence); inflation-adjusted annually from 1998 base of $250,000/$500,000 (C.R.S. § 13-21-102.5)
Modified comparative fault — plaintiff barred from recovery if 50% or more at fault (C.R.S. § 13-21-111). The CGIA waives sovereign immunity for certain tort claims but imposes its own notice and damage caps for government defendants.
Source: C.R.S. § 13-80-102(1)(a), 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(1)(a) |
| Wyoming | 4 yrs | Wyo. Stat. § 1-3-105(a)(iv)(C) |
| Nebraska | 4 yrs | Neb. Rev. Stat. § 25-207 |
| Kansas | 2 yrs | Kan. Stat. Ann. § 60-513(a)(4) |
| Oklahoma | 2 yrs | Okla. Stat. tit. 12, § 95(A)(3) |
| New Mexico | 3 yrs | N.M. Stat. Ann. § 37-1-8 |
| Utah | 4 yrs | Utah Code Ann. § 78B-2-307 |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Colorado?
You have 2 years from Date of accrual, which under C.R.S. § 13-80-108 is the date injury is discovered or should have been discovered by the exercise of reasonable diligence, under C.R.S. § 13-80-102(1)(a).
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 personal injury lawsuits in Colorado?
Yes. Colorado's accrual rule under C.R.S. § 13-80-108 incorporates a discovery standard — the cause of action accrues when the claimant discovers, or through reasonable diligence should have discovered, the physical manifestation of the injury.
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?
Written notice of claim required within 182 days of discovery of injury under the Colorado Governmental Immunity Act (C.R.S. § 24-10-109)
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Sources
- Official C.R.S. § 13-80-102 — General limitation of actions, two years (Colorado General Assembly, 2024 CRS Title 13 PDF)
- Corroborating Colorado Personal Injury Laws and Statutes of Limitations (Nolo)
- Corroborating C.R.S. § 13-80-102 (FindLaw)
- 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.