I'm interested in pursuing a civil suit against my ex husband for assault and I'm trying to figure out which statute of limitations would apply in the state of Colorado. He took control of the steering wheel of the car I was driving in order to intentionally crash the car. He was convicted in criminal court for assault, but I still want to sue him for damages. I'm finding conflicting info online and can't tell if the applicable limit is 1 year (intentional torts), 2 years (personal injury), or 3 years (personal injury involving a motor vehicle). Finally, I'm not sure type of attorney I should be looking for. Would I need a personal injury lawyer or some other type?Thanks!
State/Country relating to question: Colorado
You need to sue your ex husband for assault and battery. The statute of limitations is one year. Hire a local personal injury lawyer. Go on www.martindale.com. Good luck and remember to press accept so that I may get credit.
Former Torts professor and former personal injury paralegal
The assault occurred on 9/25/10. Does that mean that my deadline was today because the district court is closed tomorrow? Or does the deadline get pushed to Monday since 9/24 is a Saturday? Assuming I missed the deadline, would it be possible for me to take advantage of the longer statute of limitations for a personal injury suit and pursue that instead? Thank you!
Consult Colorado Rule of Civil Procedure 6 a. It describes how you compute the time for filing. Unfortunately, a lawsuit for personal in jury will be dismissed. This is because your ex husband acted intentionally.
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