It’s a term you’ve heard before, but it is understandable if you aren’t exactly sure what a statute of limitations is. Today we’re going to look at these statutes and how they can apply to various types of personal injury matters. However, let’s start with a simple definition:

“A statute prescribing a period of limitation for the bringing of certain kinds of legal action.”

In other words, these statutes put a limit on the amount of time you can wait between an event happening and filing a related lawsuit. Once you’ve hired an attorney, this isn’t something you should have to worry about, they’ll keep track of the date. However, statutes of limitations are definitely something you’ll need to keep in mind before you’ve hired representation. If you run out of time to file a personal injury claim, you have no legal recourse to receive compensation.

When an injured party hires an attorney, exact dates will be necessary for this very reason. The attorney working the case must know the point at which he or she has to file the case in Court.

We’d like to go over a few scenarios that might lead to the need for legal action, followed by the statute of limitations pertaining to that event. Let’s get started! (For disclosure purposes, these events are fictional)

Scenario 1

A little over a week ago, Ryan was in a rather serious collision on his way to work.

He was hit by a careless driver who ran a red light and crashed into Ryan’s car at the driver’s side door. Ryan had to be taken to the hospital immediately, and suffered from a broken arm, concussion, and severe contusions. The accident could’ve been worse, but Ryan’s facing a long road to recovery and steep medical bills. On top of that, he’s got a totaled car that someone needs to pay for. Fortunately, the driver that hit Ryan was insured, and the insurance company has already been in contact with Ryan. Wisely, he informed the insurance company that he wasn’t ready to speak with them and that he planned on seeking representation. Ryan wants to hire an attorney to represent him, but how long does he have before he must bring the case to court?

According to Colorado State Law, Ryan would need to bring his case to the Court within three years from the date that the existence of the injury (or damage) and the cause of the injury are known.

Scenario 2

Tina likes to be as active as possible. She takes her two dogs for two or three walks per day, sometimes going as far as five miles. However, last winter, she ran into a major issue. Her apartment complex has a rather steep staircase leading down to the trail where she prefers to walk the dogs. On one particular cold, blustery day in February, she headed out for a walk and ended up in the hospital. The property management company responsible for the grounds hadn’t cleaned the ice and snow off the stairs from a storm two days previous. When Tina headed down the steps, one of her dogs started to slip, causing Tina to tumble down the stairs as well. Due to the apartment complexes negligence, Tina is facing thousands in medical bills. How long does she have to take action?

Colorado State Law identifies the statute of limitations on civil cases regarding negligence as two years from the date the injury and its cause are known (or should have been known).

Scenario 3            

Dave was a Colorado construction worker for the past 18 years, but was recently killed during a project. Of course that has brought up many questions about safe practices in his injury. His family is investigating his death and have reason to believe that the lack of adherence to required safety protocols might be to blame for the incident. In order to pursue the case further, they are considering hiring an attorney. They plan on pursuing a wrongful death claim, but the incident happened several months ago and they aren’t sure of the total time they are allowed to bring a claim. So what is the statue in a case like this?

In Colorado, a Wrongful Death suit must be filed two years from the date of the death in question.

Recap

These are a few of the more important statutes that people may face when planning to pursue a civil action. If you’ve been the victim of a work injury, automobile collision, negligence, or other unfortunate event, knowing the statutes is a key part of a successful resolution. A full list of the Colorado statutes can be found here.