It is important to act quickly when it comes time to file a personal injury claim. In Denver and Colorado, just as in many jurisdictions worldwide, there is a strict statute of limitation for personal injury claims. This is why it’s important to comply with these deadlines. Please do so to avoid losing the right to claim compensation for injuries. In this post, we’ll discuss the need for prompt action, the statute of limitations, and why contacting a Denver Personal Injury Attorney is important.
What are the Statutes of Limitation?
Statutes are laws determining the maximum time an individual can file a lawsuit from when the alleged infraction occurred. They are there to ensure legal actions can be brought forward promptly, preserve the integrity of evidence, and avoid unfair surprises.
The statute of limitations is a legal term that governs the time limit for filing a personal injury case after an accident. These deadlines depend on the kind of injury, responsible party, and jurisdiction where the incident happened. Personal injury cases in Denver are subjected to statutes and limitations. Knowing these deadlines is important if you want your claim to be successful.
Timely Action Is Vital
- Preservation for Evidence: Evidence deteriorates over time. As memories fade, witnesses become harder and harder to locate. Take timely action to ensure that vital evidence can be collected and preserved, resulting in a stronger case.
- Preservation and Protection of Legal Rights: Statutes for Limitations protect the rights of defendants and plaintiffs. A lawsuit filed within a specified timeframe will allow you to exercise legal rights and seek compensation for injuries.
- Avoiding the Dismissal of Your Case: When you miss the legal deadline to file your injury claim the court may dismiss your case regardless of the merits. It means you will not be able to obtain compensation legally.
- Protecting from Counterclaims: A defendant may counterclaim on behalf of the plaintiff in certain situations. When you file your lawsuit during the statute of limitations, the defendant is prevented from filing a claim against you.
Understanding Colorado Statutes of Limitations
Colorado’s limitations laws for personal injuries can differ depending on how the claim was filed. Important deadlines include:
- Personal Injury: Colorado gives you two years from when the injury happened to file your personal injury lawsuit. These include car accidents, slip and fall cases, and other accidents that cause bodily harm.
- Legal Malpractice: The statute of limitations for medical malpractice is two years after the injury was discovered or when it should have been discovered through reasonable diligence. A statute-of-repose limits a claim’s maximum time frame to three years from the date it was made.
- Death by Wrongful Means: Colorado allows two years for the filing of wrongful death lawsuits. A Denver personal injury lawyer must speak with you as soon as possible if this claim is to be brought.
- Car Accident Property Damage: Colorado statute of limitations applies to car accident property damage claims. This means you can file a lawsuit within three years of the incident.
- State and Local Governments: When your personal injury claim involves the government or a state employee, you might have to adhere to different deadlines. This is why consulting with a lawyer familiar with the cases is so important.