Wildfire Damage Lawsuit in Colorado

Time limits apply in Colorado. Find out if you still qualify.

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Researched By
People's Justice Research Team

Verified against court records, regulatory records, and peer-reviewed research.

Last reviewed: June 12, 2026How we research

Last reviewed against primary sources: June 12, 2026

Statute of Limitations

Colorado: 2 years for personal injury, 3 years for property damage (Colo. Rev. Stat. §§ 13-80-102, 13-80-101(1)(a)). Discovery rule applies for latent injuries. Government immunity may apply to claims against public utilities depending on the entity's classification.

2–3 years depending on claim type

Filing Venue

Where to File in Colorado

Marshall Fire litigation is concentrated in Boulder County District Court and the U.S. District Court for the District of Colorado (Denver). Class action and individual claims against Xcel Energy have been filed in both venues. Colorado follows a modified comparative fault system (Colo. Rev. Stat. § 13-21-111) where plaintiff recovery is reduced by their percentage of fault and barred if the plaintiff is 50% or more at fault. Colorado does not cap compensatory damages in negligence cases but does limit punitive damages to the amount of actual damages awarded unless the court finds the defendant's conduct was especially egregious. Boulder County's experienced bench and plaintiff-favorable demographics make it a strong venue for wildfire claims.

Colorado Data

Exposure in Colorado

Source: Boulder County / Colorado Division of Fire Prevention and Control

Source: Colorado Division of Insurance

Source: National Weather Service Boulder / NOAA