Legal Question in Personal Injury in Colorado
Death from Auto Accident
My father was killed in an auto accident in December 1997.
It was too painful for me to deal with seeking legal advice
until now, but I am afraid it is too late. Can I sue the
driver of the car for personal injury now, five years later?
He was killed in Colorado in a pedistrian accident. The
police were unable to locate me until one year after the
accident, and the drivers' auto insurance paid nothing out
for my father's d
2 Answers from Attorneys
Re: Death from Auto Accident
Likely no because the personal injury statute of limitations is 2 years, but specific facts may prove otherwise.
Re: Death from Auto Accident
The Colorado Auto Reparations Act allows you to bring suit up to 3 years after an accident (unlike most wrongful death or personal injury matters which are limited to 2 years). That still puts you outside the window of opportunity, but don't give up hope yet. There is a legal theory called equitable tolling which means, in short, that fundamental fairness requires in any given case that the court exercise its discretion to allow a claimant to bring a late claim. It is a difficult argument on which to prevail, but if you otherwise have good issues of liability and the obvious damages as you do here, it may be worth looking into in greater detail. I'd be happy to speak with you if you would like. Very truly yours, Peter
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