Understanding Colorado’s Statute of Limitations for Product Liability Cases
If you’ve been injured by a defective product in Colorado, it’s important to act quickly. Colorado law imposes a strict timeline, known as the statute of limitations, for filing product liability claims. Missing this deadline can prevent you from recovering the compensation you deserve. In this post, we’ll explain what the statute of limitations is, how it works in product liability cases, and why it’s crucial to take immediate action.
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What Is the Statute of Limitations?
The statute of limitations is the legal deadline for filing a lawsuit. In Colorado, the statute of limitations for most product liability claims is:
- Two years from the date of injury.
If you fail to file your claim within this period, you may lose your right to pursue compensation, no matter how strong your case is.
When Does the Clock Start?
The clock typically begins on the date of the injury, but there are exceptions:
- Discovery Rule:
- If the injury or defect wasn’t immediately apparent, the statute of limitations may start from the date you discovered (or should have discovered) the defect.
- Example: A defective medical device causes internal injuries that are diagnosed months after the product was implanted.
- Minors and Incapacitated Victims:
- For minors or individuals who are mentally incapacitated, the clock may be paused (or “tolled”) until they reach adulthood or recover capacity.
Why Acting Quickly Matters
Failing to act within the statute of limitations can have serious consequences:
- Lost Compensation: You may be barred from recovering damages for medical bills, lost wages, and pain and suffering.
- Evidence Deterioration: Over time, critical evidence like the defective product, receipts, and eyewitness accounts can become harder to obtain or unreliable.
- Weakened Negotiating Power: Delays may signal to the defense that you’re uncertain or unprepared, reducing the likelihood of a favorable settlement.
How to Protect Your Rights
To avoid missing the deadline, follow these steps:
- Preserve Evidence:
- Keep the defective product, packaging, and any related documents.
- Document Your Injuries:
- Take photos, keep medical records, and track expenses related to the injury.
- Consult an Attorney Early:
- A skilled product liability attorney can ensure your claim is filed on time and that all necessary steps are taken to protect your rights.
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What Happens After You File?
Once your claim is filed within the statute of limitations, the legal process can move forward, including:
- Investigation and evidence collection.
- Negotiation with manufacturers, distributors, or their insurers.
- Court proceedings, if a settlement isn’t reached.
Filing on time ensures you have the opportunity to pursue justice and hold negligent parties accountable.
Don’t Wait—Contact Us Today
At Jordan Law, we understand how overwhelming it can feel to navigate the legal system after an injury. That’s why we’re here to help you every step of the way.
If you’ve been injured by a defective product, don’t risk missing the deadline. Contact us today for a free consultation, and let us fight to secure the compensation you deserve.