Time Limitations

The laws of Colorado require that lawsuits and certain notices be filed or served within certain time limits.

Whether your case is a medical malpractice case, an automobile accident case, a motorcycle accident case, a stock fraud case, or any other type of claim, there are specific time limits within which claims must be filed after the accident or you will be barred from pursuing your claim. For instance, there is a shorter statute of limitations for medical malpractice claims than for automobile accident claims. The same is true for a legal malpractice claim. A product liability claim also has a certain time limit. If a birth injury occurs, the time limit for the child is different than for the parents. If a brain injury occurs, the time limit may not begin until the victim has someone appointed by a court to represent the brain injured person. The same is true for injury to a child. It is important to contact a law firm in a timely manner so that you can be sure to receive the compensation that you deserve.

If your lawsuit is not filed within these time periods, you may be forever barred from filing the lawsuit. In addition, when you have a claim against a governmental agency or employee, there is a very short time limit for filing a mandatory written notice or the potential claim may be lost.

It is extremely important to contact an attorney immediately if you have been injured or have suffered damages. The following are general time limitations for guidance, but contact an attorney to confirm the time limitations which apply to your particular case.

These time limitations may not apply to minors or persons with disabilities. Contact an attorney immediately if you have any questions on time limitations. NOTE: This summary applies to Colorado only. Each state has different laws regarding time limitations.

1. Automobile and Trucking Accidents

• You have 3 years from the date of the accident to file a lawsuit.
• If any governmental entity is involved in the accident, such as a school district vehicle, a Regional Transportation District vehicle, police or fire department vehicle, water department vehicle, etc., you are required to provide the appropriate government agency with written notice of the accident within 180 days of the date of the accident. If you fail to provide this notice within 180 days, you may be forever barred from bringing a lawsuit. This notice is very specific and should be prepared and served by an attorney.
• If you suspect that you were involved in an accident with any public vehicle, contact an attorney immediately.

2. Breach of Contract

• Fraud (if action involves fraud concerning trust funds, see #4 below)
• Misrepresentation
• Concealment
• Deceit
• Breach of trust or fiduciary duty
• Actions for taking, detaining or converting goods
• You have 3 years from the date you knew or should have known of the above actions to file a lawsuit.

3. Negligence

• Medical or legal malpractice
• Trespass
• Outrageous conduct
• Interference with contractual relationship
• Wrongful death
• Product liability
• Premises liability (slip and fall)
• In general, tort actions involving injury or damage
• You must file an action within 2 years of the date you knew or should have known of the above actions. For wrongful death, you must file within 2 years of the date of death of your family member. If a governmental entity or an employee of a governmental entity, such as a publicly-owned hospital or an intern or resident of a state medical school, is involved, you are required to provide the governmental entity written notice of the potential claim within 180 days of the event. If you fail to provide this notice within this time period, you may be forever barred from bringing a lawsuit.
• Sometimes it is not obvious that a person is a governmental employee. For example, residents and interns from the University of Colorado Medical School work in private hospitals as part of their training. They usually are not identified as residents or interns.

4. Assault

• Battery
• False imprisonment
• False arrest
• Libel
• Slander
• Fraud
• Misrepresentation
• Concealment
• Deceit involving trust funds
• You must file an action within 1 year of the date of the incident.

5. Governmental Immunity Notice

• If you suspect that any governmental or public entity, or its employee, is involved in causing you any injury or damage, you must file a notice with the governmental or public entity within 180 days of the date of the incident.
• You may have a lawsuit against a governmental or public entity if you were injured or suffered damages as a result of the operation of a public or governmental automobile or truck, the operation of any public hospital, correction facility or jail or due to a dangerous condition of a public building, hospital or recreation area, water, gas, sanitation, electrical, power or swimming facility.
• Often times, private hospitals and medical practices employ residents or other persons in training who may be considered governmental employees. These individuals are usually not identified as residents or interns. If you fail to file this notice within 180 days, you may be forever barred from filing a lawsuit. You also must follow specific guidelines as to the content of the notice.
• You should contact an attorney immediately to assist you with this notice. In general, the notice must include the name and address of the claimant, the factual basis of the claim, including the date, time, place and circumstances of the event complained of, name and address of the public employee involved, if known, concise statement of the nature and extent of the injury claimed to have been suffered and the monetary damages being requested.
• There are specific requirements concerning the manner in which the notice is delivered to the public entity, including to whom it must be delivered. You may not be able to bring a lawsuit if the notice is not addressed and served upon the proper entity. You should contact an attorney for assistance.

For a free initial consultation with Hillyard, Wahlberg, Kudla & Sloane, LLP, call 800-630-2366 or contact us online.