Legal Question in Personal Injury in Colorado

Statute of Limitations/Destruction of Evidence

What is the statute of limitations (both adults and children) regarding an automobile accident in Colorado? What is the Colorado law reference can so I look at this law? Also, when someone destroys evidence (I don't think the law refers to DESTRUCTION of evidence, but there is another term), what is the Colorado law (reference) that says what the penalty is for doing so?

Asked on 3/19/02, 12:32 pm

1 Answer from Attorneys

Peter W. Thomas, Esq. PETER WILLIAM THOMAS, PLLC
0 users found helpful
0 attorneys agreed

Re: Statute of Limitations/Destruction of Evidence

If you meet the minimum threshold requirements to maintain an action under the Colorado Auto Accident Reparations Act, C.R.S. 10-4-714 (1987 Repl.Vol. 4A), then you have up to 3 years to pursue a claim.

As to the intentional destruction of evidence, Colorado has not explicity recognized a cause of action for spoliation of evidence, as many other states do. While we nevertheless have included such claims in past cases involving intentional or especially egregious conduct, the typical remedy is to request an adverse inference jury instruction by which the jury is told to consider that any evidence destroyed by the defendants would have been detrimental to the defense.

I would be happy to discuss these or any other matters pertaining to your case in more detail if you would like. Very truly yours, Peter

Read more
3/19/02, 12:51 pm

Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Colorado

Looking for something else?

Get Free Legal Advice

88177 active attorneys ready to answer your legal questions today.

Personal Injury Law and Tort Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
David SlaterDavid P. Slater, Esq.Boca Raton, FL
Phillip D. Wheeler, Esq.Phillip D. Wheeler, Attorney At LawMorro Bay, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now