Every state has laws establishing how long people have to take specific legal action. These laws apply to criminal prosecutions, as well as civil claims. Personal injury victims must file a lawsuit within a certain period of time under the applicable law to preserve their right to financial compensation. If this deadline passes and they have not settled their case or filed suit, they can lose their right to recover compensation for their injuries.
Understanding these laws and how they affect your personal injury claim is essential to protecting your rights during this process. An experienced motorcycle accident lawyer in Denver can explain your legal rights and responsibilities.
What Is the Statute of Limitations for Motorcycle Accident Lawsuits?
Colorado is unique in its application of personal injury statutes of limitations. There is one law, codified in C.R.S. 13-80-102 that applies to most personal injury cases. This law gives personal injury victims two years from the date of the accident to file a lawsuit.
Another law, C.R.S. 13-80-101 applies to any tort action arising from using or operating a motor vehicle. The latter statute of limitations applies to motorcycle accident cases and gives accident victims three years from the accident date to file a lawsuit.
If the motorcycle accident resulted in your loved one’s death, C.R.S. 13-21-203 gives you two years from your loved one’s death to file a wrongful death claim. However, if the accident was due to a hit-and-run driver, you would have up to four years to file the claim.
Another law that could apply is C.R.S. 13-80-106. This law pertains to product liability claims. For example, if the motorcycle accident was due to a defective bike or part, you could have a claim against the manufacturer or seller. This law gives you two years from the date when the claim for relief arises to file a personal injury claim.
Purpose of the Statute of Limitations
Statutes of limitations exist to encourage people with valid legal claims to pursue them while evidence is fresh and witnesses are available. If a person waits a long time to file a legal claim, witnesses’ memories can fade, and evidence can be lost, destroyed, or unreliable. Statutes of limitations also create legal certainty, relieving defendants of civil liability if too much time has passed.
Exceptions to the Statute of Limitations
The statute of limitations has exceptions that can extend or shorten the time you have to file your personal injury lawsuit. For example, if you were a minor at the time of the accident, the statute of limitations does not typically begin until you reach the age of 18. Similarly, if the victim was disabled or mentally ill, the statute of limitations can be tolled. However, if the injury claim involves a public entity, you may have less time to file your claim. You may also be subject to providing a written notice to the relevant department within 182 days of your injury.
Contact Us Before It’s Too Late
The statutes of limitations limit your right to take legal action within a certain timeframe. Keep in mind that your lawyer will need time to investigate the accident and prepare a motorcycle accident claim on your behalf. Dulin McQuinn Young can determine the statute of limitations that applies to your case and take prompt legal action.
Call us at (303) 246-1111 for a free case evaluation.