Hurt, wronged, or owed money
THINKING ABOUT SUING
What Colorado law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
2 years
Suing in tort, including negligence, property damage or a wrongful death
- From
- The cause of action accruing
Tort actions, including negligence and trespass, and actions for wrongful death, are commenced within two years, apart from motor vehicle torts.
3 years
Suing over a crash for injury or property damage
- From
- The cause of action accruing
Tort actions for bodily injury or property damage arising from the use or operation of a motor vehicle are commenced within three years.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
2 years
Suing in tort, including negligence, property damage or a wrongful death
- From
- The cause of action accruing
Tort actions, including negligence and trespass, and actions for wrongful death, are commenced within two years, apart from motor vehicle torts.
3 years
Suing over a crash for injury or property damage
- From
- The cause of action accruing
Tort actions for bodily injury or property damage arising from the use or operation of a motor vehicle are commenced within three years.
A written contract
A signed agreement, a lease, a written estimate or invoice.
3 years
Suing on a contract
- From
- The cause of action accruing
Contract actions, actions for fraud or breach of trust, and actions for taking, detaining or converting goods are commenced within three years.
6 years
Suing to recover a debt
- From
- The cause of action accruing
An action to recover a liquidated debt or a determinable amount of money due, or arrears of rent, is commenced within six years.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
3 years
Suing on a contract
- From
- The cause of action accruing
Contract actions, actions for fraud or breach of trust, and actions for taking, detaining or converting goods are commenced within three years.
A CLAIM AGAINST THE GOVERNMENT
A claim against a public body often has a step of its own before a lawsuit, and a shorter period for it. These are the ones the Colorado guide carries, in the order they come. A body none of them names is not covered here yet.
Step 1
182 days
Notice of a claim against a public entity
- From
- Discovery of the injury
A written notice of the claim is filed within one hundred eighty-two days after the injury is discovered. It is a jurisdictional prerequisite, and without it the action is forever barred.
Step 2
90 days
The wait after a notice of claim to a public entity
- From
- Filing the notice of claim
No action is started until the public entity denies the claim or ninety days pass after the notice is filed, whichever is first.
SMALL CLAIMS COURT
The limit in Colorado
Up to seven thousand five hundred dollars
C.R.S. 13-6-403 — claims up to seven thousand five hundred dollars, and people represent themselves
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed Colorado attorney.