Colorado Statutes of Limitations for Civil Cases

Understanding Colorado's statutes of limitations is essential for anyone filing a civil lawsuit. Missing a deadline can result in permanent loss of your claim, regardless of its merit. Colorado's limitation periods vary significantly depending on the type of claim, and several important tolling provisions can extend these deadlines.

Personal Injury

Limitation Period: 2 years

Statute Citation: C.R.S. § 13-80-102(1)(d)

When the Clock Starts: The statute begins running from the date of injury, when the plaintiff discovers (or reasonably should have discovered) the injury.

Personal injury claims encompassing negligence, assault, battery, and other tort-based injuries must be filed within two years. This is one of Colorado's most commonly litigated timeframes. The key element is the "discovery rule" — the clock may not start until a plaintiff actually knows about the injury or reasonably should have known, even if the defendant's negligent act occurred earlier.

Breach of Written Contract

Limitation Period: 6 years

Statute Citation: C.R.S. § 13-80-101(1)(a)

When the Clock Starts: The statute begins running from the date of the breach — typically when one party fails to perform their contractual obligation.

Written contracts enjoy a longer limitations period than most tort claims. This includes sales contracts, employment agreements, construction contracts, and service agreements. The six-year window provides more time to discover breaches that may not be immediately apparent, particularly in construction defect or delayed performance scenarios.

Breach of Oral Contract

Limitation Period: 3 years

Statute Citation: C.R.S. § 13-80-101(1)(b)

When the Clock Starts: The statute begins running from the date of the breach.

Oral contracts receive a shorter statute of limitations than written contracts — just three years. This distinction encourages written documentation and reflects the policy that oral agreements are more difficult to prove and verify. Disputes often arise about what was actually promised, when the promise was made, and when it was breached.

Fraud

Limitation Period: 3 years

Statute Citation: C.R.S. § 13-80-101(1)(c)

When the Clock Starts: The statute begins running from the date when the fraud was discovered or reasonably should have been discovered (discovery rule applies).

Fraud claims typically run three years, but this period is subject to Colorado's discovery rule, which often significantly extends the actual deadline. For example, if a contractor commits construction fraud in 2024 but the defects are not discovered until 2026, the three-year clock may not have fully expired until 2029. This is a critical distinction for fraud claimants and a frequent source of litigation.

Property Damage

Limitation Period: 2 years

Statute Citation: C.R.S. § 13-80-102(1)(d) (for tort-based property damage)

When the Clock Starts: The statute begins running from the date the damage occurs or is discovered.

Property damage claims — whether caused by negligence, intentional conduct, or other torts — follow the same two-year limitation as personal injury claims. For property damage from construction defects or latent defects, Colorado courts apply the discovery rule, meaning the clock starts when the damage is or should have been discovered, not when the underlying negligent act occurred.

Special Note: If property damage involves a breach of written contract rather than a tort, the six-year limitation under C.R.S. § 13-80-101(1)(a) may apply instead, providing a longer deadline.

Medical Malpractice

Limitation Period: 2 years from discovery; 4-year absolute repose period

Statute Citation: C.R.S. § 13-80-102(1)(d) and C.R.S. § 13-80-102.3

When the Clock Starts: The statute begins running from when the injury was discovered or reasonably should have been discovered.

Medical malpractice claims are subject to a two-year statute of limitations but with a critical caveat: Colorado has a four-year repose period (absolute cap), meaning no claim can be brought more than four years after the negligent act, even if it wasn't discovered until after that window closed. This "discovery rule with an absolute cap" structure is unique and frequently litigates.

For example: A surgeon's error occurs on January 1, 2021. The patient doesn't discover the injury until January 15, 2024 (nearly three years later). The patient would normally have until January 15, 2026 to file (two years from discovery). However, because January 1, 2025 is the four-year anniversary of the negligent act, the claim is time-barred as of January 1, 2025, even though the patient hasn't yet had two full years from discovery.

Wrongful Death

Limitation Period: 2 years

Statute Citation: C.R.S. § 13-80-102(1)(d)

When the Clock Starts: The statute begins running from the date of death.

Wrongful death actions (brought by a decedent's estate or surviving family members) follow the same two-year limitation as personal injury claims. The clock runs from the date of death, not from when the family learns of wrongful conduct. Executors and administrators must be mindful of this deadline when deciding whether to pursue a claim on behalf of the estate.

Defamation, Libel, and Slander

Limitation Period: 1 year

Statute Citation: C.R.S. § 13-80-102(1)(b)

When the Clock Starts: The statute begins running from the date the defamatory statement was published or communicated.

Defamation claims face Colorado's shortest statute of limitations for intentional torts — just one year. This strict deadline reflects the policy that people should challenge false statements quickly rather than allowing reputational harm to linger unaddressed. The clock starts when the statement is first published or communicated, not when the plaintiff discovers it (though the discovery rule debate has generated some case law nuance).

Trespass

Limitation Period: 6 years (for trespass to real property); 2 years (for trespass to personal property)

Statute Citation: C.R.S. § 13-80-101(1)(a) for real property; C.R.S. § 13-80-102(1)(d) for personal property

When the Clock Starts: The statute begins running from the date of the trespass or from when it was discovered.

Trespass to real property enjoys a six-year limitation period under the "actions on contracts" umbrella, reflecting the significance of real property interests in Colorado law. Trespass to personal property (taking or interfering with another's chattels) follows the two-year personal injury rule. For continuing trespasses (where the defendant repeatedly enters the property), each violation may constitute a separate trespass, potentially restarting the clock.

Debt Collection and Promissory Notes

Limitation Period: 6 years

Statute Citation: C.R.S. § 13-80-101(1)(a)

When the Clock Starts: The statute begins running from the date of the breach — typically the maturity date of the note or the last acknowledged payment/activity on the debt.

Promissory notes and contract-based debts follow the six-year written contract limitation. Judgment creditors should be aware that obtaining a judgment does not restart the statute of limitations; a judgment itself has a 20-year enforcement period under C.R.S. § 13-52-105, but the claim underlying the judgment must be brought within the applicable limitation period.

Critical Note: Making a partial payment or written acknowledgment of a debt can restart the clock under the "new promise" doctrine, which is regularly exploited by creditors to revive stale debts. Consumers should avoid written admissions of old debts.

Discovery Rule and Delayed Accrual

Colorado's discovery rule is one of the most significant tolling mechanisms. Rather than the statute of limitations beginning on the date of the negligent or wrongful act, it begins when the plaintiff discovers (or reasonably should have discovered) the injury.

This rule applies broadly to tort claims including medical malpractice, construction defects, fraud, and latent injury cases. Courts ask: when would a reasonably prudent person, exercising reasonable diligence, discover the injury? This is highly fact-dependent and frequently contested.

Example: A construction defect occurs in 2022 but is hidden within walls. In 2024, a water leak reveals the defect. The two-year personal injury clock likely starts in 2024 (when discovered), not 2022 (when the negligent work occurred).

Tolling Provisions

Colorado law provides several automatic and equitable tolling mechanisms that pause the statute of limitations:

Practical Considerations: Missing the Deadline

Missing a statute of limitations deadline in Colorado is catastrophic. With rare exceptions, courts will dismiss the case immediately and permanently. Key practical points:

Key Takeaways