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What Is the Statute of Limitations in Colorado?
A statute of limitations is a law that sets a time limit for filing lawsuits or charges. In Colorado, plaintiffs and the state follow the statutory timeframes outlined in Col. Rev. Stat. § 13-80-101 et seq. and § 16-5-401(1)–(3) to initiate legal proceedings in civil and criminal cases. These statutory timeframes, also called limitation periods, ensure parties take legal action while evidence remains fresh and witnesses can provide reliable testimony.
In Colorado, the statute of limitations period begins when the cause of action (i.e., injury, crime, or harm) occurs or when it is discovered. Typically, once the limitation period of a Colorado felony, misdemeanor, or infraction expires, the plaintiff or the state loses the right to sue or bring criminal charges, and any filing usually results in dismissal.
How Long Is the Statute of Limitations in Colorado?
The time limits for filing a lawsuit in Colorado vary by case type and severity. Civil cases have limitation periods ranging from one to six years. For example, the limit is two years for personal injury and wrongful death, three years for motor vehicle claims and breach of contract, and one year for libel, slander, and fraud.
Conversely, criminal cases have time limits that range from six months to no limit. For example, the limit is five years for vehicular homicide (10 if the defendant fled the scene), 18 months for misdemeanors, six months for petty offenses, one year for misdemeanor traffic offenses like DUI, and no limit for serious felonies like murder, kidnapping, and sexual crimes involving children.
By law, plaintiffs and prosecutors must sue or file charges within the set time limits. In Colorado, the statute may extend up to five years if a suspect leaves the state or three years for certain offenses concealed by fraud.
The table below summarizes the statute of limitations for various case types in Colorado.
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Personal injury and wrongful death | 2 years | The limit begins within 2 years of accrual or discovery, with tolling allowed if either party is disabled or unable to appear in court. |
| Breach of contract | 3 years | The limit starts at breach or discovery and tolls if the defendant is out of state |
| Libel, slander, and fraud | 1 year | The time limit can toll if the defendant is absent from Colorado |
| Petty offenses or minor infractions | 6 months | Includes petty theft. The limit can toll if the defendant flees from Colorado |
| Misdemeanor offenses | 18 months | The limit counts from the date of the incident. Subject to the Colorado discovery rule and tolling. |
| Misdemeanor traffic offenses (e.g., DUI) | 1 year | A DUI misdemeanor, for example, must be charged within 1 year of the incident. |
| All other felonies (e.g., robbery, assault, insurance fraud) | 3 years | The can toll for concealment, mental incapacity, or the defendant’s absence. |
| Serious felonies (e.g., murder, kidnapping, treason, forgery, sex offenses against children) | No Limit | There is no statute of limitations for serious felonies (§16-5-401(1)(a)–(c)). |
What Crimes Have No Statute of Limitations in Colorado
Most crimes in Colorado have statutes of limitations. However, certain offenses, classified as serious crimes, have none. As a result, these crimes can be prosecuted at any time in Colorado. State law establishes no time limits for these crimes due to their severity and impact, and the need for justice and accountability outweighs concerns about evidence integrity and faded memories.
The crimes with no statute of limitations in Colorado include, but are not limited to:
- First-degree and second-degree murder
- Kidnapping
- Treason
- Forgery
- Sexual assault identified through DNA evidence
- Any sexual offense against a minor (e.g., sexual assault on a child, aggravated incest, sex trafficking, etc.)
- Attempt, conspiracy, or solicitation to commit any of the above crimes
Criminal Statute of Limitations in Colorado
The criminal statute of limitations in Colorado (C.R.S. § 16-5-401) sets the deadlines for filing charges. These deadlines or time limits depend on the crime. For example, the misdemeanor statute of limitations in Colorado is 18 months; the limitation for all other felonies, including manslaughter, burglary, and robbery, is 3 years; and there is no limitation for serious felony crimes like murder, kidnapping, treason, and sex offenses against a child.
In Colorado, the statute of limitations runs only while the defendant is present in the state; if the suspect flees or hides, the clock pauses and resumes upon their return. This is so that criminals cannot avoid consequences for their actions by running away.
The table summarizes criminal statutes of limitations for different crimes in Colorado.
| Offense | Statute of Limitations |
|---|---|
| Murder Kidnapping Treason Any sex offense against a child Any forgery Attempt, conspiracy, or solicitation to commit any of the above | No limit |
| Vehicular homicide (no hit and run) | 5 years |
| Vehicular homicide (hit and run) | 10 years |
| Other felonies (e.g., robbery, burglary, manslaughter) | 3 years |
| Most misdemeanors | 18 months |
| Sexual assault (15 or older) | 20 years from the date of the incident or 20 years after the victim turns 18 |
| Misdemeanor traffic offenses | 1 year |
| Petty theft Disorderly conduct 3rd degree criminal trespass Traffic infractions | 6 months |
Is There a Statute of Limitations on Attempted Murder?
No. In Colorado, attempted murder carries the same statute of limitations as murder (§ 16-5-401(1)(b)). As a result, there is no time limit on how long someone can be charged with attempted murder in Colorado.
Statute of Limitations on Sexual Assault in Colorado
The sexual assault statute of limitations in Colorado varies. The timelines depend on the victim's age and the availability of DNA evidence. There is no limitation for felony sexual assault against a minor or sexual assault reported within 20 years with DNA evidence identifying the accused.
Generally, the time limit to file civil sexual abuse claims in Colorado is 2 years, and 20 years for the state to file charges and prosecute. If the victim is 15, 16, or 17 years old at the time of the abuse, the limitation period does not begin until the victim turns 18.
There is no rape reporting deadline in Colorado for sexual assault (C.R.S. § 18-3-402), aggravated sexual assault (C.R.S. § 18-3-402(1)(e)), and sexual abuse of minors.
Civil Statute of Limitations in Colorado
Colorado's civil statute of limitations establishes time limits or deadlines for filing lawsuits over personal injury, property damage, libel, fraud, breach of contract, and other claims. How long you have to sue in Colorado depends on the type of claim. The table below outlines the statutes of limitations for various claim types in Colorado. Plaintiffs should note these civil lawsuit deadlines in Colorado to avoid losing their right to seek damages.
| Claim Type | Statute of Limitations | Section (§) of the Colorado Revised Statutes Title 13 |
|---|---|---|
| Personal Injury | 2 years; 3 years if arising out of the use of a motor vehicle | §13-80-102; §13-80-101(n) |
| Defamation (Libel & Slander) | 1 year | §13-80-103(1)(a) |
| Fraud | 3 years | §13-80-101(1)(c) |
| Property damage | 2 years | § 13-80-102(1)(h) |
| Motor-vehicle property damage | 3 years | § 13-80-101(1)(n) |
| Trespass | 2 years | §13-80-102 |
| Malpractice (vet. or med.) | 2 years | §13-80- 102(1)(c); §13-80-102 |
| Collection of rent | 6 years | §13-80-1035(1)(b) |
| Breach of contract (written or oral): | 3 years; 2 years if tort action for tortious breach of contract | §13-80-101; §13-80-102(a) |
| Collection of debt on account | 6 years if a written contract; 3 years if an oral contract | § 13-80-103.5(1)(a); § 13-80-101(1)(a) |
Statute of Limitations for Medical Malpractice in Colorado
The medical malpractice statute of limitations in Colorado establishes a deadline to file a lawsuit against healthcare providers for medical negligence. Per Col. Rev. Stat. §§ 13-80-102.5(1) & 13-80-108(1), a malpractice claim deadline in Colorado is two years from the date of the injury or discovery. However, there is a three-year statute of repose, which sets a final cap on the time to file a claim. Beyond the three-year limit, patients can only sue a doctor in Colorado if:
- The provider intentionally concealed the negligence (C.R.S. § 13-80-102.5(3))
- A foreign object was left in the body (C.R.S. § 13-80-102.5(3))
- The patient was under the age of 6 at the time of the alleged malpractice; in this case, the suit must be filed by their 8th birthday (C.R.S. § 13-80-102.5(3)(d))
Under C.R.S. § 13-80-118, the clock pauses if the defendant is hiding or out of state. Additionally, the clock starts for minors and mentally incapacitated patients only when they have appointed a legal representative (C.R.S. § 13-81-103).
In Colorado, the law requires the claimant to submit a certificate of review within 60 days of filing a malpractice claim, declaring that a qualified expert has reviewed the facts of the case and, based on that, the claim has merit (§ 13-20-602).
The table outlines common medical malpractice cases in Colorado.
| Type of Medical Malpractice | Example |
|---|---|
| Anesthesia Errors | Anesthesia overdose leading to serious injuries or death |
| Birth Injuries | Delayed C-section resulting in injury to the baby or the mother |
| Medication Errors | Wrong dose resulting in injury |
| Misdiagnosis/Delayed Diagnosis | Missed appendicitis; failure to recognize cancer markers leading to fatalities |
| Hospital-Acquired Infections | Post-op infection leading to sepsis and organ failure |
Statute of Limitations for Debt in Colorado
Colorado's debt statute of limitations sets the timeframe for creditors to sue over unpaid debts. Under the statute, how long a debt can be collected in Colorado depends on the type of debt, court judgment, and last payment or default date (Col. Rev. Stat. § 13-80-101).
For example, creditors have six years to collect debts from written contracts, promissory notes, and judgments (§13-80-103.5(1)(a)), and three years for oral contracts (§13-80-101(1)(a)). Credit card debt, auto loans, and medical bills are written contract debts, while personal loans are often oral.
A debt limitation period can restart in Colorado if the debtor acknowledges the debt in writing, makes a partial payment, or receives an extension. Under the Fair Credit Reporting Act (FCRA), when a debtor defaults on a debt, the report typically stays on their credit report for seven years from the first delinquency.
The table below outlines the statute of limitations for various debts in Colorado.
| Type of Debt | Statute of Limitations |
|---|---|
| Credit Card Debt | 6 years |
| Auto Loan | 6 years |
| Personal Loan | 3 years if oral, 6 years if a written contract |
| Student Loan | 6 years |
| Medical Bills | 6 years |
| Written Contract Debts | 6 years |
| Oral Contract Debts | 3 years |
Statute of Limitations for Child Abuse and Child Support in Colorado
Criminally, the following is the timeline for filing charges for child abuse based on the child abuse statute of limitations in Colorado:
- 3 years if a felony (§16-5-401(1)(a.5)
- 18 months if a misdemeanor (§16-5-401(1)(a.5)
- No limitation if charged as a class 1 felony under §18-6-401(7)(c)
- No limitation if the abuse is sexual (§ 16-5-401 (1)(a))
Civilly, there is a 2-year statute of limitations to file claims for personal injury in child abuse cases in Colorado. However, because victims of child abuse are minors, the 2-year clock does not start to run until the child’s 18th birthday.
However, for child sexual abuse that happened on or after January 1, 2022, there is no statute of limitations for civil lawsuits. For child sexual abuse that occurred between January 1, 1960, and December 31, 2021, victims had until January 1, 2025, to file a civil lawsuit (SB21-073 and SB21-088).
In Colorado, there's no statute of limitations on unpaid child support. Generally, the Bradley Amendment and related laws strengthen child support enforcement in Colorado, as arrears do not expire, and each missed child support payment is automatically a judgment enforceable for 20 years.