Colorado Revised Statutes
Colo. Rev. Stat. § 13-80-112 (2026)
When action survives death
✓ current as of July 2026
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If any person entitled to bring any action dies before the expiration of the time limited therefor and if the cause of action does by law survive, the action may be commenced by the personal representative of the deceased person at any time within one year after the date of death and not afterwards if barred by provision of this article.
Source: L. 86: Entire article R&RE, p. 701, § 1, effective July 1.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2023–2024 · leading case: John Nicola v. City of Grand Junction, 544 P.3d 120 (Colo. Ct. App. 2023).
John Nicola v. City of Grand Junction, 544 P.3d 120 (Colo. Ct. App. 2023). “¶ 30 Section 13-80-112, C.R.S. 2023, addresses how statutes of limitation run on survival claims: If any person entitled to bring any action dies before the expiration of the time limited therefor and if the cause of action does by law survive, the action may be commenced by the…”
City of Grand Junction & Pub. Serv. Co. of Colorado, d/b/a Xcel Energy, Petitioners/Cross-Respondents v. John Nicola, individually & as the Pers. Rep. of the Est. of Danielle Nicola, Respondent/Cross-Petitioner (Colo. 2024). “[REFRAMED] Whether the court of appeals erred by concluding that the statute of limitations for a personal representative to file a survival action under section 13-80-112, C.R.S. (2023), is two years from the date of death rather than two years from the date of the incident as…”
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