When someone shares false information that can ruin your professional standing or reputation, word can spread fast. Unfortunately, the time you have to file a defamation lawsuit can also run out quickly.
How long do you have to file a defamation lawsuit? The defamation statute of limitations in Colorado is one year, so you must take swift action if you want to shut down a defamer and hold them legally accountable. Missing the filing deadline can permanently prevent you from pursuing your claim, even if the statements were clearly false and damaging. The best way to help ensure you don’t miss this deadline is to speak to an experienced defamation attorney right away.
Colorado defamation attorney Nicole A. Westbrook is an award-winning advocate with over 20 years of experience. Nicole has focused her practice on protecting the interests of highly trained professionals who have worked for years to build their reputations and good standing among their peers. Nicole can protect you, too.
Send an online message or call (303) 785-1666 today for assistance.
Defamation is a false statement of fact that harms another person’s reputation.
Colorado generally recognizes two forms of defamation:
A successful claim typically requires proof that the defendant shared a false statement with a third party and that the statement injured the plaintiff.
Depending on how well-known you are or the subject matter of the false statement, you might have to prove additional elements in your claim.
Because defamation cases often involve constitutional protections for speech, they can become legally complex very quickly. Early legal advice is important.
Under Colorado law, you typically have one year to file a defamation lawsuit. The law states that you have one year from the time a defamation claim “accrues” to file your claim.
A claim may accrue when:
This means that there are several possible days that the defamation statute of limitations could begin running on your claim. Immediately speaking with an experienced defamation attorney is the best way to determine how much time you have to take action.
Yes. Although the one-year deadline is strict, Colorado law recognizes certain situations in which the limitations period may be tolled (or delayed).
Colorado law recognizes legal disability for minors. If a person was under 18 when a defendant defamed them, the applicable statute of limitations may be tolled until after they turn 18. For example, if a student who is 17 is falsely accused of academic misconduct, the limitations period may not begin until that student’s 18th birthday.
Colorado law also recognizes legal disability when a person is mentally incompetent or otherwise under a qualifying disability at the time the claim accrues.
Imagine an individual suffers a severe brain injury that leaves them legally incapable of protecting themselves when the defamatory statements are made. The Colorado defamation statute of limitations may be suspended until the disability ends.
These situations often require careful legal analysis, so having guidance from a knowledgeable attorney can be crucial to properly calculating the deadline.
Plaintiffs may hesitate to file suit because they believe they need all possible evidence before starting a complaint. That often is not the case.
Colorado’s pleading rules do not require a plaintiff to know every fact before filing their defamation case. After litigation begins, both parties typically have opportunities to obtain additional evidence through discovery.
Discovery may include:
If you are concerned that evidence will disappear or that the Colorado defamation statute of limitations is closing, talk to an attorney now. Speaking with an attorney sooner rather than later can help preserve your legal rights while you develop your case.
Missing the slander statute of limitations or the statute of limitations for libel does not always mean your options for recovery have disappeared. An attorney can evaluate whether your claim is truly over and whether other legal claims remain available. Consider the following.
Suppose it is January of 2029, and someone has falsely accused you of insurance fraud by:
Each statement containing the false accusation might create its own claim for relief. As a result, filing your lawsuit may still be timely for later-repeated statements even though the statute of limitations may already bar earlier statements.
This option makes it especially important to consult an attorney promptly. A lawyer can identify every potentially actionable statement and determine which claims remain viable.
Because each utterance of a false statement may constitute a separate claim, someone who repeats or republishes a defamatory statement may create a separate cause of action with its own accrual date. This does not mean every republication creates liability, but it is an issue worth evaluating with counsel.
Sometimes, harmful statements also violate contractual obligations. An employment agreement, business agreement, or separation agreement may contain a non-disparagement clause.
If a party violates a contractual promise by making prohibited statements, a breach of contract claim may be available, typically giving you three years to file. An attorney can review your agreements to determine whether contractual remedies exist.
Nicole Westbrook is a top-rated defamation attorney with decades of litigation experience. If you speak to her right away, she can help ensure that your claim is filed before the slander statute of limitations or the statute of limitations for libel runs out, and she can maximize your damages. Please contact Nicole online or call her at (303) 785-1666 to schedule a consultation.
In general, you have a year to file your case.
Yes. You may have longer to file your complaint if you were under 18 or had certain disabilities when the defamation occurred.
You may have a valid claim against someone who repeated the defamatory statement later in time. Or you may have a civil claim under another legal theory, such as breach of a contract.
Legal References Used to Inform This Page
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