Boulder Slip and Fall Statute of Limitations

If you were injured in a slip-and-fall accident in Boulder, Colorado, you need to know the time limit for your case. Knowing the deadline can help ensure you don’t miss it. An experienced Boulder slip and fall lawyer can review your case and explain the statute of limitations that applies based on the specific circumstances.

Phone us at (720) 863-6006 to schedule a free consultation and case review.

What Are Statutes of Limitations?

Statutes of limitations are time limits for taking specific legal action. They apply to criminal and civil cases. States are responsible for establishing their own statutes of limitations. Some statutes of limitations only provide a few months to take legal action, while others may give claimants or prosecutors many years to do so.

What Is the Purpose of a Statute of Limitation?

Statutes of limitations ensure that aggrieved parties take timely legal action. It is usually better to take legal action soon after an incident occurs while physical evidence is fresh and witnesses are available to provide testimony about something they saw recently.

Statutes of limitations help ensure evidence is fresh and preserved, so the outcome of the case is more reliable. Additionally, statutes of limitations help avoid uncertainty for defendants. If the time limit passes without legal action, the defendant does not have to worry about a legal case later being filed against them.

What Is the Statute of Limitations for Slip and Fall Cases?

Most slip and fall cases are filed under a legal theory of negligence. Under Colorado law, negligence cases must be filed within two years of the accident date. Unless an exception applies, you cannot file a personal injury lawsuit after the statute of limitations has expired.

When Does the Time Limit Start?

Usually, the two-year clock begins on the date of the accident. You have until the second anniversary to file a personal injury lawsuit. However, if you did not discover your injury until later, the clock may begin on the date you discovered the injury under Colorado’s discovery rule.

Exceptions to the Two-Year Statute of Limitations

In addition to the discovery rule, there may be other exceptions that alter the two-year statute of limitations. You may have more time to file your claim under the following circumstances:

• The victim is a minor – If the victim was under 18 at the time of the accident, they have two years after their 18th birthday to file a claim.
• The victim was mentally incapacitated or disabled – If the victim was mentally incapacitated or disabled at the time the accident occurred, the time limit begins when capacity is restored or the injury is discovered.
• The defendant is going through bankruptcy – If the responsible party is undergoing bankruptcy, the time limit begins when the bankruptcy proceedings are finalized.

An experienced personal injury lawyer in Boulder can review your case and determine the deadline that applies to your particular case.

What Happens If I Miss the Deadline?

Statutes of limitations are strict. If you miss the statute of limitations, any subsequent case you file may be dismissed as untimely, and you can lose your right to recover compensation and justice through the courts.

Call an Experienced Boulder Slip and Fall Accident Lawyer

Protect your rights by contacting an experienced Boulder slip and fall accident lawyer immediately. A personal injury lawyer can investigate your case, gather evidence, and determine your legal options.

Contact Daniels & Scriven, P.C. online or call (720) 863-6006 to get started.