Colorado Head Injury Laws

Colorado at a glance

Colorado generally allows two years for tort actions[1] and three years for injury claims arising from the use of a motor vehicle.[2] Notice to a public entity is due within 182 days.[3] A plaintiff can recover only if their negligence was not as great as the defendant’s.[4] Colorado limits noneconomic damages.[5]

Filing deadlines

C.R.S. § 13-80-102(1)

The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, must be commenced within two years after the cause of action accrues, and not thereafter:

Source: [1]

Motor vehicle injuries: C.R.S. § 13-80-101(1)(n)

The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter: . . . All tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle

Source: [2]

In plain English, most injury lawsuits in Colorado must be filed within two years, but injuries from car crashes and other motor vehicle accidents have three years.[1][2]

Under the Colorado Governmental Immunity Act, a Colorado appellate court has explained that “the claimant must provide notice of the claim to the public entity within 182 days of discovering the injury.”[3]

Shared fault

C.R.S. § 13-21-111(1)

Contributory negligence shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought

Source: [4]

This is modified comparative fault, often called the 50% bar. An injured person whose fault is less than the parties the statute compares them to can recover damages reduced by their share; at 50% or more, recovery is barred.

Damage caps

C.R.S. § 13-21-102.5(3)(a)(II), as amended by HB24-1472

IN ANY CIVIL ACTION FILED ON OR AFTER JANUARY 1, 2025, AND BEFORE JANUARY 1, 2026 … THE TOTAL AMOUNT OF SUCH DAMAGES THAT MAY BE AWARDED MUST NOT EXCEED THE SUM OF ONE MILLION FIVE HUNDRED THOUSAND DOLLARS.

Source: [5]

The 2024 bill provides that these limits are adjusted for inflation beginning January 1, 2028, so the limit that applies depends on when the action is filed or the claim accrues.[5]

Auto insurance requirements

The Colorado Division of Insurance states: “The minimum limit of liability coverage that is required is $25,000 per person for bodily injury, $50,000 per accident and $15,000 for property damage to another.”[6] Colorado is not one of the no-fault states.[7]

What this page does not cover

This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.

Learn more: All state law pages · Personal injury claims · Claims against the government · Auto insurance claims

Frequently asked questions

How long do I have to file a head injury lawsuit in Colorado?

In plain English, most injury lawsuits in Colorado must be filed within two years, but injuries from car crashes and other motor vehicle accidents have three years.[1][2]

This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.

Sources

  1. C.R.S. § 13-80-102. Colorado General Assembly. https://leg.colorado.gov/bill_files/116608/download
  2. C.R.S. § 13-80-101(1)(n), as quoted in a Colorado Supreme Court opinion. Colorado Judicial Branch. https://www.coloradojudicial.gov/sites/default/files/2024-05/99SC738.doc
  3. C.R.S. § 24-10-109, as quoted in a Colorado Court of Appeals opinion (2025). Colorado Judicial Branch. https://www.coloradojudicial.gov/system/files/opinions-2025-05/24CA0298%20&%2024CA0325-PD.pdf
  4. C.R.S. § 13-21-111. Justia. https://law.justia.com/codes/colorado/title-13/damages-and-limitations-on-actions/article-21/part-1/section-13-21-111/
  5. Colorado HB24-1472 (amending C.R.S. § 13-21-102.5). Colorado General Assembly. https://leg.colorado.gov/bill_files/47414/download
  6. Colorado Division of Insurance. “Auto Insurance.” https://doi.colorado.gov/types-of-insurance/auto-insurance
  7. Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance

Sources last checked: October 11, 2026

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