Colorado Statute of Limitations: Filing Deadlines by Case Type

Understanding the statute of limitations in Colorado is essential if you plan to file a lawsuit or face criminal charges in the state. These filing deadlines determine how long you have to take legal action. Once the clock runs out, you lose the right to pursue your claim or the state loses the ability to prosecute.

This guide covers both civil and criminal statutes of limitations under Colorado law, including the specific statutes, time limits for each case type, and important exceptions you should know about.

Colorado Civil Statute of Limitations

Colorado's civil statute of limitations sets strict deadlines for filing lawsuits and other civil actions. These time limits are found primarily in Title 13, Article 80 of the Colorado Revised Statutes. The limits range from one year to six years, depending on the type of case.

The clock typically starts on the date of the incident or injury. However, Colorado follows the "discovery rule" in certain cases. Under this rule, the limitations period begins when the injured party discovers (or should have discovered through reasonable diligence) the harm or its cause.

If you fail to file your civil claim before the deadline, the opposing party can raise the statute of limitations as a defense. The court will then dismiss your case, and you will permanently lose the right to pursue that claim.

Personal Injury Claims

Most personal injury lawsuits in Colorado must be filed within 2 years from the date of injury under C.R.S. 13-80-102(1)(a). This applies to claims involving assault, battery, false imprisonment, and general negligence.

However, if your injury resulted from a motor vehicle accident, you have 3 years to file under C.R.S. 13-80-101(1)(n). This extended deadline covers car accidents, motorcycle crashes, truck collisions, and other motor vehicle incidents.

Wrongful Death

Colorado allows wrongful death lawsuits to be filed within 2 years from the date of the deceased person's death under C.R.S. 13-21-204. Starting in 2024, siblings of the deceased may also bring a wrongful death action under certain circumstances thanks to HB24-1472.

Medical Malpractice

Medical malpractice claims must be filed within 2 years from the date the injury is discovered (or should have been discovered) under C.R.S. 13-80-102.5. Colorado also imposes a 3-year statute of repose, meaning no claim can be filed more than 3 years after the alleged act of malpractice regardless of when the injury was discovered.

One exception applies: if a foreign object (such as a surgical instrument or sponge) is left inside a patient's body, the statute of limitations may extend for discovery of that object.

Contract Disputes

The filing deadline for contract lawsuits depends on the type of contract:

• Written contracts: 3 years under C.R.S. 13-80-101
• Oral contracts: 3 years under C.R.S. 13-80-101
• Tortious breach of contract: 2 years under C.R.S. 13-80-102

For contracts involving the sale of goods under the Uniform Commercial Code, the limitation period is also governed by C.R.S. 13-80-101.

Debt Collection

Colorado provides a 6-year statute of limitations for collecting certain types of debt under C.R.S. 13-80-103.5. This applies to:

• Liquidated debts (debts for a specific, determinable amount)
• Unpaid rent
• Funds owed for bad checks (with some exceptions)
• Certain public employee retirement association contributions

For other debt types, such as credit card debt based on oral agreements, the standard 3-year contract limitation under C.R.S. 13-80-101 applies. Be aware that acknowledging a debt, making a payment, or making a new promise to pay can reset the limitations clock.

Property Damage

Property damage claims must generally be filed within 2 years under C.R.S. 13-80-102. If the property damage resulted from a motor vehicle accident, the deadline extends to 3 years under C.R.S. 13-80-101(1)(n).

Construction Defects

Claims against architects, contractors, builders, engineers, and inspectors for defective construction must be brought within 2 years of discovering the defect under C.R.S. 13-80-104. However, Colorado imposes a 6-year statute of repose measured from the substantial completion of the improvement. No claim can be filed after that 6-year window closes, even if the defect has not yet been discovered.

If a cause of action arises during the fifth or sixth year after substantial completion, the claimant has 2 years from the date the cause of action arises to file suit.

Defamation (Libel and Slander)

Libel and slander claims must be filed within 1 year under C.R.S. 13-80-103(1)(a). This is the shortest civil statute of limitations in Colorado.

Fraud

Fraud claims have different deadlines depending on the specific statute:

• Actions under C.R.S. 13-80-103(1)(g): 1 year
• Actions under C.R.S. 13-80-101(1)(c): 3 years

The discovery rule often applies to fraud claims, since the nature of fraud means the victim may not immediately realize they have been deceived.

Trespass

Trespass claims must be filed within 2 years under C.R.S. 13-80-102.

Judgment Enforcement

Once you obtain a court judgment in Colorado, you have a limited time to enforce it:

• District court judgments: Enforceable for 20 years from entry, unless revived
• County court judgments: Enforceable for 6 years from entry (for judgments entered on or after July 1, 1981), unless revived

Judgment liens expire after 6 years but can be renewed through the revival process before expiration.

Civil Statute of Limitations Summary Table

Case Type	Time Limit	Statute
Personal Injury	2 years	C.R.S. 13-80-102(1)(a)
Motor Vehicle Injury	3 years	C.R.S. 13-80-101(1)(n)
Wrongful Death	2 years	C.R.S. 13-21-204
Medical Malpractice	2 years (3-year repose)	C.R.S. 13-80-102.5
Written Contract	3 years	C.R.S. 13-80-101
Oral Contract	3 years	C.R.S. 13-80-101
Debt Collection (Liquidated)	6 years	C.R.S. 13-80-103.5
Property Damage	2 years	C.R.S. 13-80-102
Motor Vehicle Property Damage	3 years	C.R.S. 13-80-101(1)(n)
Construction Defects	2 years (6-year repose)	C.R.S. 13-80-104
Libel/Slander	1 year	C.R.S. 13-80-103(1)(a)
Fraud	1 to 3 years	C.R.S. 13-80-103 / 101
Trespass	2 years	C.R.S. 13-80-102
Collection of Rent	6 years	C.R.S. 13-80-103.5(1)(b)

Colorado Criminal Statute of Limitations

Colorado's criminal statute of limitations sets time limits for prosecutors to file criminal charges. These rules are found in C.R.S. 16-5-401. The more serious the crime, the longer (or unlimited) the time prosecutors have to bring charges.

Crimes with No Statute of Limitations

Colorado does not place any time limit on prosecuting the following offenses:

• Murder (and attempt, conspiracy, or solicitation to commit murder)
• Kidnapping (and attempt, conspiracy, or solicitation to commit kidnapping)
• Treason (and attempt, conspiracy, or solicitation to commit treason)
• Forgery regardless of the penalty classification (and attempt, conspiracy, or solicitation to commit forgery)
• Sex offenses against children (and attempt, conspiracy, or solicitation to commit sex offenses against children)

The Colorado General Assembly specifically intended the unlimited statute of limitations for child sex offenses to apply to crimes committed on or after July 1, 1996, as well as pre-1996 offenses for which the prior limitations period had not yet expired by July 1, 2006.

Felony Statute of Limitations

For felonies not listed above, the general statute of limitations is 3 years from the date the crime was committed or discovered.

Several felonies carry extended deadlines:

• Sexual assault and aggravated incest: 10 years
• Trafficking in children or sexual exploitation of children: 10 years
• Soliciting for child prostitution or pandering of a child: 10 years
• Bribery and abuse of public office: 3 years plus a 3-year extension (6 years total)
• Sexual offenses against victims under age 15: 10 years (standard 3 years plus 7-year extension)
• Vehicular homicide combined with leaving the scene of a fatal accident: 10 years

Misdemeanor Statute of Limitations

Misdemeanor time limits vary by offense classification:

• Most misdemeanors: 18 months
• Class 1 and Class 2 misdemeanors (traffic): 1 year
• Petty offenses: 6 months
• Third-degree sexual assault (misdemeanor): 5 years

Tolling Provisions

The statute of limitations can be paused ("tolled") under certain conditions. If the accused person leaves Colorado, the clock stops for the duration of their absence, up to a maximum extension of 5 years. The limitations period resumes when the person returns to the state.

The statutory period begins once the crime is committed or, in cases like theft and fraud, when the crime is identified or should have been identified through reasonable diligence.

Criminal Statute of Limitations Summary Table

Offense Type	Time Limit	Statute
Murder	No limit	C.R.S. 16-5-401(1)(a)
Kidnapping	No limit	C.R.S. 16-5-401(1)(a)
Treason	No limit	C.R.S. 16-5-401(1)(a)
Forgery	No limit	C.R.S. 16-5-401(1)(a)
Sex Offenses Against Children	No limit	C.R.S. 16-5-401(1)(a.5)
Sexual Assault (Adult Victim)	10 years	C.R.S. 16-5-401(1)(a.5)
Other Felonies	3 years	C.R.S. 16-5-401(1)(b)
Most Misdemeanors	18 months	C.R.S. 16-5-401(1)(c)
Traffic Misdemeanors (Class 1 and 2)	1 year	C.R.S. 16-5-401(1)(d)
Petty Offenses	6 months	C.R.S. 16-5-401(1)(e)
Third-Degree Sexual Assault	5 years	C.R.S. 16-5-401(1)(b.5)

Recent Changes to Colorado Law

In 2024, Governor Jared Polis signed HB24-1472, which significantly increased damage caps for tort actions in Colorado. While this bill did not change the filing deadlines themselves, it affects the potential recovery amounts in civil cases:

• General noneconomic damages cap increased from $250,000 to $1.5 million for actions filed on or after January 1, 2025
• Wrongful death damages cap set at $2.125 million
• Medical malpractice noneconomic damages incrementally increasing to $875,000 over 5 years starting January 1, 2025
• Medical malpractice wrongful death damages incrementally increasing to $1.575 million over 5 years

Starting January 1, 2028, these caps will be adjusted every 2 years based on inflation.

Important Exceptions and Special Rules

Several factors can affect how the statute of limitations applies in your case:

Discovery rule. For certain claims (medical malpractice, fraud, construction defects), the clock starts when the injury or defect is discovered or should have been discovered, not when it actually occurred.

Minority. If the injured person is a minor, the statute of limitations may be tolled until they reach the age of majority (18 in Colorado).

Mental incapacity. If the injured person lacks mental capacity at the time the cause of action accrues, the limitations period may be tolled.

Absence from state. In criminal cases, if the defendant leaves Colorado, the statute is tolled for up to 5 years. In civil cases, similar tolling rules may apply depending on the circumstances.

Debt acknowledgment. For debt collection claims, acknowledging the debt or making a partial payment can restart the limitations period.

State laws are subject to change. While this guide reflects current Colorado law, consider consulting a Colorado attorney or conducting independent legal research to verify the specific statutes that apply to your situation.

Additional Reading: [How long is a life sentence in Colorado?](/how-long-is-a-life-sentence/#colorado)

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