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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4194
Experience:  30 years of experience
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I have a question. I was involunarily committed om june 11

Customer Question

I have a question. I was involunarily committed om june 11 to 14 of 2015 and i was never given due process by the psychiatric hosptal or psychiatrist in colorado in a hearing or jury trial to protest this i think illegal involuntary committment and I want to file a tort lawsuit of false imprisonment against the psychiatrist and psychiatric hospital. what is the statute of limitations in colorado to do this. Is it one year or two and if its one year can I get an extension on filing a false imprisonment lawsuit
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The Statute of Limitations for False Imprisonment is 1 year under Colorado Law. Sometimes the Statute of Limitation may be tolled (delayed) for a period of time. You have to demonstrate that you did not have the ability to bring a case even though they are aware of an injury or damages and that fairness dictates that the Statute of Limitations be tolled. Tolling is normally permitted where the plaintiff can show that he was disabled or lacked competnecy or was precluded from filing for reasons beyond the plaintiff's control.

It is a risky gamble to assert that the Statute be tolled. Your are better off filing to save the date. You want to meet with a personal injury attorney to see if they can file within the time frame for you. The Courts do not appear to be fond of Tolling.

http://law.justia.com/cases/colorado/supreme-court/1995/94sc106-0.html

http://www.leagle.com/decision/1996984929P2d55_1969/MATTER%20OF%20ESTATE%20OF%20KUBBY

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald