Colorado · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Colorado?

Colorado gives you 2 years from the date of injury to file a personal injury lawsuit under Colo. Rev. Stat. § 13-80-102.

Updated 2026-05-22 · See all 50 states

Key facts: Colorado

Personal injury deadline
2 years
Colo. Rev. Stat. § 13-80-102
Wrongful death deadline
2 years
Colo. Rev. Stat. § 13-80-102(1)(d)
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Colorado follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Colorado

General PI deadline is two years, but motor vehicle accident claims have a three-year deadline under Colo. Rev. Stat. § 13-80-101. Wrongful death is two years from the date of death. Governmental immunity notice is required within 182 days under § 24-10-109.

Related: Colorado comparative negligence rule

Colorado follows a modified 50% bar rule. Modified comparative negligence with a 50% bar; the plaintiff is barred when fault is "as great as" the defendant’s. Recovery is allowed only when the plaintiff is 49% or less at fault.

Read the full Colorado comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Colorado attorney before relying on it.

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Colorado Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in Colorado?

In Colorado, the general personal injury statute of limitations is 2 years from the date of injury under Colo. Rev. Stat. § 13-80-102. General PI deadline is two years, but motor vehicle accident claims have a three-year deadline under Colo. Rev. Stat. § 13-80-101. Wrongful death is two years from the date of death. Governmental immunity notice is required within 182 days under § 24-10-109.

Does Colorado have a separate deadline for wrongful death?

Yes. Colorado's wrongful death statute of limitations is 2 years under Colo. Rev. Stat. § 13-80-102(1)(d). The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Colorado personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Colorado personal injury attorney before assuming a claim is barred.

What is Colorado's comparative negligence rule?

Colorado follows a modified 50% bar rule under Colo. Rev. Stat. § 13-21-111. Modified comparative negligence with a 50% bar; the plaintiff is barred when fault is "as great as" the defendant’s. Recovery is allowed only when the plaintiff is 49% or less at fault.

Where can I read the actual statute?

The controlling statute is Colo. Rev. Stat. § 13-80-102. The full text is available on the official Colorado legislature website at https://law.justia.com/codes/colorado/title-13/limitation-of-actions/article-80/section-13-80-102/.

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