What is the statute of limitations for filing a personal injury claim in Missouri?
When it comes to filing a personal injury claim in the state of Colorado, it’s important for individuals to be aware of the relevant statute of limitations that apply. The statute of limitations is essentially the amount of time an individual has to file a lawsuit against another party for personal injury. Knowing the statute of limitations for a personal injury claim in Colorado can help ensure that an individual’s rights are protected and that any potential compensation is not lost due to an expired deadline.
In Colorado, the statute of limitations for filing a personal injury claim is two years from the date of the injury or accident. This means that if an individual was injured as a result of someone else’s negligence or recklessness, they must file their claim within two years of the date of the incident. If the individual does not do so within this timeframe, their case may be dismissed without consideration and they will lose their right to seek damages for their injuries.
It’s important to note that this two year window may be extended in certain circumstances. For example, if the injured person was a minor at the time of the incident, they may have up until they turn 21 years old to file their claim. Additionally, if there are extenuating circumstances such as mental illness or disability, or if the defendant was out of state or outside of Colorado when the incident occurred, then it may be possible to extend the two year window. It’s also important to note that if a death occurs as a result of someone else’s negligence or recklessness, then families have three years from the date of death to file a wrongful death suit.
When it comes to determining fault in a personal injury case, Colorado follows what is known as modified comparative negligence laws. Under these laws, if an individual is found to be more than 50% at fault for causing an accident or injury, then they cannot recover damages from another party. However, if an individual is found to be less than 50% responsible for causing an accident or injury, then they can still collect damages from another party who was more at fault than them.
It’s also important to note that in Colorado there are certain types of personal injury cases where no statute of limitations applies. These include medical malpractice suits and cases involving toxic substances such as asbestos. There are also some exceptions when it comes to suing governmental entities such as local governments or school districts; individuals must give written notice within 180 days prior to filing their suit and must receive written denial before actually filing their suit within one year after giving written notice.
Overall, it’s important for individuals in Colorado who have been injured due to someone else’s negligence or recklessness to understand the relevant statute of limitations that apply and take action on their case as soon as possible in order to protect their rights and potential compensation. Failing to do so may mean forfeiting any chance at recovering damages due to an expired deadline.