When you are involved in a car accident in Colorado, it is crucial to understand the legal time frame within which you must file a claim to seek compensation. This time frame, known as the statute of limitations, is a critical aspect of personal injury law that dictates how long you have to initiate legal proceedings after an accident.
The statute of limitations in Colorado for a car accident claim is generally three years from the date of the accident. However, there are exceptions to this rule that can affect your ability to file a claim.
At The Ferrell Law Firm, PLLC, we specialize in helping accident victims understand their legal rights and secure the compensation they deserve. Our experienced Colorado car accident attorneys are here to guide you through every step of the process, ensuring you meet all necessary deadlines and maximize your compensation.
What Is the Statute of Limitations in Colorado for Car Accidents?
Filing your car accident claim within the statute of limitations is crucial to protecting your legal rights and securing compensation. Colorado Revised Statutes Section 13-80-101 governs the statute of limitations for filing a lawsuit after a car accident. This law stipulates that you have three years from the accident date to file a claim for compensation for personal injuries resulting from the car accident.
Missing this deadline means you will likely lose the opportunity to recover any damages, regardless of the severity of your injuries or the strength of your case. Understanding this critical deadline is essential for protecting your legal rights.
If another person’s negligent act injures you, you will likely be inundated with medical treatments, bills, and lost wages if you cannot work. You are entitled to compensation for your losses. Don’t jeopardize your right to compensation by waiting or hesitating. Contact an attorney and get your case started right away.
Are There Exceptions to the Statute of Limitations?
While the general statute of limitations for car accidents in Colorado is three years, several important exceptions to this rule can extend or modify the filing deadline.
Discovery Rule
One significant exception is the discovery rule. In some cases, injuries or damages from a car accident may not be immediately apparent. Under the discovery rule, the statute of limitations begins on the date you discover—or a reasonable person would have discovered—the injury or damage. This rule ensures that individuals are not unfairly barred from seeking compensation for latent injuries that do not manifest immediately.
Wrongful Death
The statute of limitations may be different in cases involving wrongful death. According to Colorado Revised Statutes Section 13-80-102, the family of the deceased has two years from the date of death to file a wrongful death lawsuit. However, if the car accident rises to vehicular homicide as defined in Colo. Rev. Stat. § 18-3-106, the statute of limitations increases to four years.
Minors
Another critical exception involves minors. If a minor is injured in a car accident, the statute of limitations is tolled until the minor reaches the age of 18. The three-year period for filing a claim does not begin until the minor’s 18th birthday, effectively giving them until their 21st birthday to initiate legal proceedings.
What Damages Can I Recover for a Car Accident?
When you are involved in a car accident in Colorado, you may be entitled to recover economic and non-economic damages. Economic damages are tangible and quantifiable losses that result directly from the accident. These damages can be calculated using invoices, pay stubs, and receipts and typically include the following:
- Medical expenses,
- Lost wages,
- Property damage, and
- Other out-of-pocket expenses.
Non-economic damages are more subjective and can be challenging to quantify. These damages compensate for the intangible impact of the accident on your life and well-being, and may include:
- Pain and suffering,
- Emotional distress,
- Loss of enjoyment of life, and
- Loss of consortium.
Understanding the full range of damages you can recover helps you seek adequate compensation for your injuries and losses. An experienced car accident attorney can accurately assess and document these damages to strengthen your claim and increase your chances of a successful outcome.
Why Should I Consult a Car Accident Attorney?
Consulting a car accident attorney is vital when dealing with the aftermath of a car accident and the complexities of filing a timely claim.
Ensuring Compliance with Deadlines
One of the primary reasons to consult an attorney is to ensure compliance with all deadlines. An experienced attorney will keep track of the statute of limitations and any applicable exceptions, ensuring that your claim is filed on time and that you do not lose your right to seek compensation.
Gathering and Preserving Evidence
An attorney can help gather and preserve crucial evidence to support your claim. This evidence includes obtaining police reports, medical records, witness statements, and other documentation essential for building a strong case. Timely action ensures that evidence remains intact and reliable.
Car accident cases often involve complex legal issues, especially when multiple parties or insurance companies are involved. If necessary, an attorney can handle everything, including negotiations with insurance companies and representing your interests in court. Their expertise can significantly increase the likelihood of a favorable outcome.
Maximizing Compensation
An attorney can help identify and pursue all potential compensation sources to cover your economic and non-economic damages. They will ensure that you receive fair compensation. Without legal representation, you may inadvertently settle for less than you deserve.
Contact Our Experienced Colorado Car Accident Attorneys Today
Understanding and adhering to the statute of limitations for a car accident insurance claim helps protect your legal rights and secure the compensation you deserve. At The Ferrell Law Firm, PLLC, we know the law and the local legal landscape.
We have years of experience guiding accident victims through the daunting legal process, and we are happy to help see your through to a successful case conclusion.Don’t let the clock run out on your right to seek justice. Contact us today for a free consultation.
Michael, founder of The Ferrell Law Firm, PLLC, specializes in criminal defense and personal injury law. With a background in substance abuse treatment, he brings empathy and understanding to his legal practice. A former Deputy District Attorney in Arapahoe County, Michael has extensive experience prosecuting a wide range of criminal cases, including DUIs and domestic violence. His law degree from the University of Denver Sturm College of Law, combined with his hands-on experience in criminal law, positions him as a knowledgeable and effective advocate for his clients’ rights.
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