After a car accident, taking action immediately is essential. Under the state’s laws, victims typically have three years from the date of the accident to file a lawsuit against those responsible. However, you typically should take action prior to this. By working with an experienced Denver car accident attorney, you will get help managing the entire process.
Statute of Limitations in Colorado
The Colorado statute of limitations for most personal injuries from car accidents provides victims with three full years to file a lawsuit against those at fault. That means if you intend to file a claim against those who are at fault, you must do so before this. Once this deadline expires, the court will not hear your case, and you have no legal recourse for recovering your losses. This falls under CO Rev Stat § 13-80-102.
Exceptions to the Statute of Limitations in Colorado
This statute of limitations has several exceptions that can affect the time you have to take action. Typically, these exceptions only extend your right to file a lawsuit if you can show there were extenuating circumstances.
Minors at the time of the accident may have more time. If a minor would not have met the age requirement before the statute of limitations expires, they may be given more time.
In addition to this, the law provides victims of hit-and-run accidents with more time if the person loses their life. These wrongful death claims can occur for up to four years from the date of the death. This gives the decedent’s family longer to take action.
Most wrongful death-related car accidents have a shorter period of time, providing the family with only two years from the date of loss of life to file a lawsuit against those at fault.
Why Waiting Is Not Often a Good Idea
For victims of wrongful death, filing a lawsuit at the right time matters. There are several important factors here.
Victims should not file a car accident claim until they know what all of their losses are. This often means you are unlikely to see further medical improvement in your injuries, and you have a good understanding of the implications for your health and well-being in the future.
Conversely, you should not wait too long to file. The longer you wait, the harder it may be to find and validate evidence in your case or prove who is at fault. Witnesses become harder to find, and details of what occurred may fade.
Your Attorney Works with You to Find the Balance
As the victim of a car accident in Colorado, it becomes imperative that you seek legal representation, especially if you have significant injuries and losses. Your attorney will review your case, gather as much information as possible, and then advise on when to file. Your lawyer will likely settle your case out of court, never having to file a lawsuit. This saves time and money when possible.
However, if you need to go to court, you must adhere to the statute of limitations for filing your lawsuit. Your lawyer will work to make sure that is the case. The sooner you seek legal representation, the more protected your case may be. Acting quickly is vital so you do not miss the filing deadline.