Colorado Injury Deadlines & the 50% Rule

Know the time limits for Colorado injury claims and how fault affects recovery—so you can act on time and protect your rights.

Quick Answer & Key Facts

Most motor-vehicle injury claims in Colorado have a 3-year deadline. Many other injury claims have 2 years. If you’re 50% or more at fault, you may not recover; if you’re less than 50% at fault, your recovery can be reduced by your share of fault. Deadlines can be shorter in special situations (for example, claims involving some government entities require written notice within 182 days).

  • Motor-vehicle injuries: Many claims must be filed within 3 years.
  • Other personal-injury cases: Often 2 years.
  • Government-related incidents: Written notice within 182 days is usually required under the Colorado Governmental Immunity Act (CGIA). Missing it can be case-ending.
  • Medical malpractice: Generally 2 years from the date of injury; exceptions apply when it was not possible to discover the malpractice immediately.
  • Wrongful death: Generally 2 years; certain hit-and-run vehicular homicide cases allow 4 years.
  • 50% Rule (comparative negligence): If you are 50% or more at fault, you may not recover; if you’re less than 50% at fault, your recovery can be reduced by your percentage.

What is the 50% Rule in Colorado?

Colorado uses modified comparative negligence. A judge or jury can assign each party a percentage of fault. Your compensation is reduced by your share. If you’re 50% or more at fault, you may be barred from recovering damages. Examples:

  1. If your damages are $100,000 and you’re 20% at fault, a potential award could be reduced to $80,000.
  2. If you’re found 50% at fault, you may recover nothing.

Why this matters: photographs, the police/crash report, witness statements, and prompt medical documentation often decide how fault is allocated.

Key Timelines at a Glance

  • Motor-vehicle injury/property-damage actions: 3 years.
  • General personal injury (non-MVA): 2 years.
  • Wrongful death: 2 years (with a statutory 4-year window in certain vehicular homicide + hit-and-run cases).
  • Medical malpractice: 2 years; statute of repose 3 years (narrow exceptions).
  • Claims involving government entities/employees: 182-day written notice under the CGIA, plus separate limitations.

Important: These are general frameworks. Accrual rules, exceptions, and special circumstances can shorten or extend time. Acting early protects your rights.

Calendar with 3-year and 2-year Colorado injury deadlines marked
Warm sunlight on a folder titled Crash Report with a sticky note that says Date of Injury with a wristwatch next to them

When Does the “Clock” Start?

In many cases, the clock starts on the date of injury. Some claims use a discovery rule (the clock can start when the injury—or its cause—should reasonably have been discovered). Do not assume an extension applies; confirm early and calendar the soonest plausible deadline.

Government-Related Incidents: Short Notice Window

If a crash or injury involves a government vehicle, employee, or public property, Colorado’s Governmental Immunity Act (CGIA) generally requires written notice within 182 days of discovering the injury, in addition to other limitation periods. Missing the notice can bar the claim.

Municipal building with a clipboard showing ‘182-day notice’ for Colorado CGIA claims
A clipboard with a sticky note that highlights medical malpractice deadlines in Colorado, in a long warm hallway with an analog clock on the wall

Medical Malpractice: Different Time Rules

In Colorado, most medical-malpractice claims have a two-year deadline. That two-year clock usually starts when you knew or reasonably should have known that a medical mistake may have caused an injury (often called the discovery rule).

You’ll also see this phrase in the statute: “in no event more than three years.” In plain English, that’s a hard stop—a three-year outer limit (the statute of repose). After three years from the medical act or omission, a case is usually not allowed, even if you discovered the problem later.

Narrow exceptions can extend the three-year outer limit, including when:

  • A foreign object (like a sponge or instrument) was left in the body.
  • There was fraud or concealment that hid the mistake.
  • The injury and its cause could not reasonably be discovered within three years.
  • The patient is a minor or otherwise legally unable to act, in situations defined by Colorado law.

Bottom line: For medical malpractice in Colorado, think about two timelines—a two-year discovery-based limit and a three-year hard stop for most cases. Because the rules and exceptions are technical, it’s wise to act quickly, document dates and records, and get qualified guidance early.

Wrongful Death: Timeframe & Notable Exception

Most Colorado wrongful-death actions must be brought within two years. A statutory exception allows four years in certain cases where the defendant committed vehicular homicide and, in the same episode, left the scene (hit-and-run)

Quiet Colorado landscape with flowers on a bench, symbolizing a respectful wrongful death discussion

How to Protect Your Timeline (and Your Percentage of Fault)

  • Document early: photos/video of the scene, vehicle positions, debris, weather/light, and injuries.
  • Get the crash report: save the case/report number and portal receipts.
  • Seek timely care: prompt evaluation links symptoms to the crash and avoids gaps.
  • Keep a simple journal: daily symptoms and activity limits; missed work days.
  • Organize records: bills, diagnostics, prescriptions, and employer notes in one folder.
  • Be precise with insurers: provide basics, but review broad medical releases or recorded statements before agreeing.

Disclaimer :

“Nothing in this communication is legal advice. While general principles remain true, you must speak with an attorney to obtain legal advice that is tailored to your specific circumstances.”  

FAQs

Often, yes—but confirm your facts. Special situations (for example, government entities) can add earlier notice requirements.

Possibly. If your fault is less than 50%, you may recover, reduced by your share. Good documentation helps establish an accurate percentage.

No. Med-mal generally uses a 2-year limitation and a 3-year repose, with limited exceptions.

CGIA notice is usually mandatory. Missing it can bar the claim. Act as soon as you suspect a government entity may be involved.

Most cases are handled on a contingency fee—you don’t pay attorney’s fees unless there’s a recovery. We explain the fee structure and case costs clearly before you decide. Consultations are free.

Depending on the case, recoverable damages may include medical expenses, lost wages, loss of earning capacity, and non-economic losses (like pain and suffering). Colorado law sets certain limits (caps) that change over time. We update our resources as laws change.

It depends on treatment, liability disputes, insurance reviews, and court timelines. Many cases resolve in negotiation; some require filing or trial. We aim for the right timing for your medical recovery and the facts—not speed at the expense of outcomes.

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