Statute of Limitations for Assault and Battery (intentional tort) in Colorado

Overview

Colorado generally applies a 2-year statute of limitations to civil claims for assault and battery as intentional torts, typically under C.R.S. § 13-80-103(1). Practically, that means a person usually has up to 2 years from the relevant start/accrual date to file a lawsuit.

This timing rule matters because many courts treat the statute of limitations as a threshold issue. If a case is filed after the deadline, the claim is often dismissed (or narrowed) even if the underlying facts could support liability.

The sections below summarize the core limitation period, the most common exceptions that affect deadlines, the relevant statute citation, and how to use DocketMath’s statute-of-limitations calculator to model filing dates.

Limitation period

Colorado’s general rule for many civil actions—including many intentional tort claims—uses a 2-year limitations period.

What the 2-year period applies to

For many intentional tort claims, Colorado uses the general limitations framework in C.R.S. § 13-80-103(1). Assault and battery claims commonly fall within this general intentional-tort timing rule rather than shorter, more specialized categories.

How to think about the “start date”

Even with a fixed 2-year length, the key practical question is: when does the clock start? In most limitations analyses, you focus on the accrual/start date. That can depend on details such as:

• When the injury or harm occurred
• When the plaintiff knew (or reasonably should have known) of the actionable conduct/injury, depending on the theory argued
• Whether a legal disability applies and whether the statute is tolled
• Whether the alleged wrongful conduct is a one-time act or part of repeated conduct

Because the start date (and any tolling) can vary, it’s usually safer to calculate deadlines using the specific incident/accrual dates you can support—then adjust if you have evidence supporting an exception.

Quick timeline example (illustrative)

If an alleged battery occurred on January 15, 2024, a basic application of a 2-year rule would suggest a filing deadline around January 15, 2026—assuming:

• the claim accrued on that date, and
• no exception changes accrual or tolls the period.

Key exceptions

Colorado recognizes doctrines that may extend, pause, or complicate limitations timing. You don’t need to memorize every possible doctrine—focus on the ones most likely to change filing deadlines based on real-world fact patterns.

1) Tolling for legal disability (including minority)

Colorado recognizes tolling concepts tied to legal disability, a common example being when a plaintiff is a minor at the time of the incident.

Practical effect: the “2 years” may begin later than the incident date, or the limitations period may be paused for a period, depending on the specific disability facts and when the disability ends.

2) Accrual timing with repeated conduct vs. a single act (fact-dependent)

Assault and battery claims may involve an act or a series of acts. In some cases, plaintiffs argue that repeated conduct should be treated in a way that affects accrual or identifies a later triggering event.

Courts generally evaluate whether:

• the alleged acts are distinct or simply repeated instances of the same event,
• injuries and claims are separable across dates, and
• the plaintiff had notice of the actionable conduct when it occurred.

Practical effect: if there are multiple alleged acts, the “last act” may matter for accrual arguments—so you may need to calculate more than one potential deadline.

3) Discovery-related arguments (limited; not always automatic)

Some legal contexts include explicit discovery rules or clearer accrual frameworks. For assault and battery, discovery-related arguments may be available but often require careful legal and factual support.

Pitfall: assuming “discovery” automatically extends time can lead to missed deadlines. When uncertain, use conservative assumptions (earlier accrual dates) and model alternatives with the calculator.

4) Procedural timing vs. substantive Colorado limits

Even when the substantive limitations period is governed by Colorado law, the way you file and pursue a case can create procedural timing issues (for example, what date counts as “filed,” and other litigation mechanics).

Exception inputs to gather (practical checklist)

When you’re evaluating possible extensions, gather:

• Incident date(s): the exact day(s) of alleged assault/battery
• Accrual indicators: when the plaintiff knew of the injury/act and who caused it (to the extent relevant)
• Disability facts: age at the time; start/end of any disability period
• Repeated conduct: dates of each alleged wrongful act
• Filing date: the date the claim is actually filed (not just drafted)

Statute citation

C.R.S. § 13-80-103(1) is the key citation referenced for the 2-year limitation period for many civil actions, including many intentional tort claims such as assault and battery.

When using the statute for deadline planning, it matters for two reasons:

1. Term length: confirms the 2-year timeframe.
2. Claim category mapping: helps determine whether your claim fits within the general rule or whether another statute might apply.

If your fact pattern contains elements that resemble a different cause of action (e.g., a statutory claim with a different limitations period), the citation and calculation could change. If you’re unsure, consider modeling under § 13-80-103(1) as a baseline and then re-check whether any other limitations statute plausibly applies.

Use the calculator

Use DocketMath’s statute-of-limitations calculator to convert incident/accrual dates and any applicable tolling/exception inputs into a practical deadline. This is especially helpful when you’re:

• comparing multiple alleged act dates,
• evaluating disability/tolling scenarios, or
• trying to identify the earliest “do not miss” deadline.

Start here: **/tools/statute-of-limitations

What to enter

A typical workflow includes inputs like:

• Incident date (or last act date): the date you believe the claim accrued
• Jurisdiction: select US-CO / Colorado
• Claim type: choose the closest match to assault/battery intentional tort timing
• Tolling/exception toggles (if the calculator supports them): for example, legal disability-related flags where applicable

How outputs change

A useful mental model:

• Base rule: the calculator applies 2 years under C.R.S. § 13-80-103(1) from the relevant accrual/start date.
• If tolling applies: the calculator shifts the effective start date and/or pauses elapsed time, extending the final deadline.
• If there are multiple acts: the calculator can help you compare deadlines tied to different dates, so you can identify a conservative filing target.

Practical workflow (recommended)

• Choose the most conservative accrual date you can justify from the facts.
• Run the calculator and save the resulting deadline.
• If you have evidence supporting a tolling/exception theory, adjust the inputs and rerun.
• Use the earliest deadline you generate as your “do not miss” date.

Sources and references

Start with the primary authority for Colorado and confirm the effective date before relying on any output. If the rule has been amended, update the inputs and rerun the calculation.

• Colo. Rev. Stat. § 13-80-101

Related reading

• Choosing the right statute of limitations tool for Vermont — How to choose the right calculator
• Statute of limitations in Singapore: how to estimate the deadline — Full how-to guide with jurisdiction-specific rules
• Choosing the right statute of limitations tool for Connecticut — How to choose the right calculator