Filing a claim against a government entity or employee in Colorado is both financially and emotionally challenging for victims. Conventionally, government bodies have exclusive and extensive legal representations and significant fiscal resources for their defense against liability accident claims. These factors can impact and prolong the litigation, making the process costly and exhausting for plaintiffs.

When the negligence or wrongdoing of a government entity or employee injures or kills a person, the victim or their loved ones may pursue a lawsuit to recover damages for their losses. However, compensation may be limited due to the Colorado Governmental Immunity Act. It is then important to consult with an experienced government liability accident lawyer to help navigate the complexities of the proceeding and explain the legal rights to the victims.

What is the Colorado Governmental Immunity Act?

The Colorado Governmental Immunity Act (CGIA) is a piece of legislation that governs how and when public entities and their employees can be sued in Colorado. With some exceptions, CGIA protects public entities and their employees from liability in tort claims. 

The Act lists the entities that are often immune to personal injury claims as:

• The state of Colorado
• Counties in Colorado
• Municipalities in Colorado
• Officers, employees, or servants of a public entity
• Authorized volunteer workers at a public entity
• Health care providers connected with a public entity
• School districts in Colorado
• Public higher education institutions
• Special improvement districts
• Any other district, agency, instrumentality, or political subdivision of the state

Exceptions to Sovereign Immunity

Generally, claims against the government in Colorado are barred under the grounds of sovereign immunity. Sovereign immunity is a legal principle that means the government cannot be sued without its consent.

However, in specific circumstances, immunity may be waived. The Colorado Revised Statutes § 24-10-106 state that the government may waive immunity in personal injury actions arising from:

• The operation of a public entity-owned or leased motor vehicle by an employee during their employment period
• The operation of a public hospital, correctional facility, or jail
• A dangerous condition in any public building
• A dangerous condition of a public highway, road, or street that physically interferes with the movement of traffic
• A dangerous condition of any public facility located in any park or recreation area or any public water, gas, sanitation, electrical, power, or swimming facility
• The operation and maintenance of any public water, gas, sanitation, electrical, power, or swimming facility by such a public entity
• The operation and maintenance of a qualified state capital asset that is the subject of a leveraged leasing agreement
• Failure to perform an education or employment required background check as described in 13-80-103.9, C.R.S.

Maximum liability limits of government claims

Even when immunity is waived, there are still caps on the amount of damages that can be obtained by a plaintiff. At present, the limit for a single person in any single occurrence is $387,000. Meanwhile, for multiple victims in any single occurrence, the limit is set at $1,093,000. The CGIA also includes that no one person shall recover in excess of $387,000. The limits are adjusted for inflation every 4 years. Under all circumstances, punitive damages are not allowed. 

Unfortunately, these restrictive caps on compensation may not sufficiently cover all the losses the victim suffered in severe or fatal cases. Although they may appear inadequate, the limits, according to the Act, aim to protect taxpayer resources by controlling the costs associated with legal claims and settlements against the government.

Statute of limitations in government liability claims

The statute of limitations under CRS § 24-10-109 is much shorter than typical statutes of limitations. In Colorado, the statute of limitations for personal injury claims is two years from the date the injury happened. Meanwhile, the statute of limitations for government claims is only 182 days following the date of the discovery of the injury. Failure to file within this legal time period can dismiss or bar the case, regardless of its merits.

Notice requirements for government liability claims 

In order to file a liability accident claim against a government entity or employee, a written notice is required to be submitted within the 182-day notice period. Notice of legal claims can be accomplished by sending registered or certified mail with a request for a return receipt.

The written notice shall include:

• The names and addresses of the injured party and their attorney
• A concise statement involving the facts and exact details of the claim. It shall involve the date, time, place, circumstances of the negligent act, omission, or event being complained about
• The name and address of any public employee involved
• A concise statement, including the nature and extent of the injuries incurred by the claimant
• A statement incorporating the amount of monetary damages being requested by the plaintiff

The state has 90 days to respond to the notice. The injured individual may then proceed with filing a lawsuit if the claim is denied or no response is secured.

Losses in government liability claims

Individuals or their loved ones who have been victims of the negligent acts and omissions of governmental entities or employees may be eligible to file a claim seeking compensation for their losses. The lawsuit may include settlements for the following:

• Lost income
• Diminished earning capacity
• Medical and hospital bills
• Therapy or rehabilitation expenses
• Physical pain
• Disfigurement
• Emotional trauma
• Loss of financial support for surviving dependents

If you have been injured or your loved one has been killed due to the negligent act of a government entity or employee, you should consult with a government liability accident attorney to assist you. Pursuing a lawsuit against the Colorado government is a lot to take in. However, hiring a skilled lawyer will help you understand your case. We, at Anzalone Law Officers, are here to support you. Our compassionate government liability accident attorneys will work diligently to obtain the full compensation you are entitled to. Give us a call for a free case consultation and let us fight for you.