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
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.
Exposure in Colorado
Source: Boulder County / Colorado Division of Fire Prevention and Control
Source: Colorado Division of Insurance
Source: National Weather Service Boulder / NOAA