Bringing a Claim Against a Governmental Body in Colorado
Some questions only arise in the most unexpected and difficult circumstances—like, “Can I sue the state?” or “Can I hold a county liable for negligence?” You likely never imagined needing to ask these things, but if a government agency or employee played a role in causing your injuries, these questions suddenly become very real—and very important.
Pursuing Compensation for Your Damages
When you are injured in an accident, you generally have the right to pursue compensation for the damages you have sustained. Through a personal injury claim, you may be able to seek damages for the following:
- Medical expenses
- Hospital costs
- Therapy expenses
- Rehabilitation costs
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional trauma
This process is relatively straightforward when it comes to pursuing compensation against a private party, but it becomes more complicated when you are suing a city or state.
Your ability to recover compensation depends on whether you will be able to file a claim against the governmental body responsible for your injuries and damage caps. For example, Colorado law limits the amount of compensation you can recover in car accidents involving government employees on the job to $350,000 to any one person in a single instance or $900,000 in cases involving multiple victims. Additionally, punitive damages (designed to punish wrongdoers for particularly dangerous or intentional behavior) are not permitted in cases against the government.
Can You Sue a County, City, or State?
One of the reasons you might believe you can’t sue a city or county is due to the concept of sovereign immunity. This legal concept basically states that the government cannot be sued without its consent. Historically, the government has waived protection under this law in cases involving negligence.
The Colorado Governmental Immunity Act explicitly allows for sovereign immunity to be waived for the following types of cases:
- Accidents involving public employees operating a motor vehicle that is owned or leased by a public entity while in the course of employment
- Injuries that occur due to the operation of a public hospital, correctional facility, or jail
- Dangerous conditions in any public building
- Dangerous conditions of any public highway, road, or street
- Dangerous conditions of any public hospital, jail, or public facility located in any park or recreational area maintained by a public entity
- Dangerous conditions at an area maintained by a public water, gas, sanitation, electrical, power, or swimming facility, and accidents involving the operation or maintenance of any of these facilities
- Accidents involving the operation and maintenance of a qualified state capital asset that is the subject of a leveraged leasing agreement
- Cases involving the failure to perform required employment background checks
An experienced attorney can review your particular situation to determine if it meets one of these narrow exceptions.
How to Sue Denver City and County
If your case qualifies, here is how to sue the city and county of Denver:
- File a Notice of Intent to Sue Denver City: Your first step is to file a notice of your claim. Filing a notice with the City of Denver before suing is necessary to preserve your rights. If you fail to take this step, your claim can be barred. This claim explains how you were injured and asks the city or county to compensate you for your injuries. You can learn more about how to file a notice of lawsuit against the city and county of Denver on the government’s website. You must file the notice within 180 days of your accident.
- Respond to the Investigation: After you file a notice with the City of Denver, the City Attorney’s Office begins an investigation, which typically takes six to eight weeks to complete. If the investigation determines the city or its employee is at fault for your damages, it may offer payment to settle your claim. You can accept or reject any offer.
- File a Lawsuit Against the City and County of Denver: Next, you would file a legal complaint outlining the facts of the case, why the government is responsible, and the amount of damages you are seeking. You cannot pursue this step until you have waited at least 90 days after you have filed your notice of claim.
This process is complex, but an attorney can guide you through it.
Contact our Denver Personal Injury Attorneys at Zaner Law Personal Injury Lawyers in Denver. Call us at (720) 613 9706
For more information, please contact the Denver personal injury lawyers at Zaner Law Personal Injury Lawyers to schedule a free initial consultation with a Denver personal injury lawyer.
We are located in Denver, CO, proudly serving all of Denver County.
Zaner Law Personal Injury Lawyers
1610 Wynkoop Street, Suite 120.
Denver, CO 80202
(720) 613 9706
