Government Tort Claims in Denver, CO
If you are hurt in an accident, you can typically sue the at-fault party for your damages. However, things get a lot more complex when the wrongdoer is the government. There are special rules that apply for government tort claims, and many personal injury actions against the government are barred.
Keep reading below to learn everything you need to know about government tort claims in Denver, CO.
The Basics of Governmental Immunity in Colorado
As a general rule, the Colorado Governmental Immunity Act (CGIA) gives sovereign immunity to the government as protection against personal injury claims. This means that you cannot sue the government for most personal injuries.
The CGIA protects against tort-based claims for many government employees and public entities, including:
- The state of Colorado
- Cities in Colorado
- Counties in Colorado
- Employees of public entities
- Officers of public entities
- Servants of public entities
- School districts in Colorado
- Public colleges and universities
- Any other district, agency, instrumentality, or political subdivision of the state
Even with these protections in place, the CGIA does carve out a few exceptions. Those will be discussed in more detail in the next section. Even if an exception applies, there are strict rules that must be followed before bringing a lawsuit.
Exceptions to Colorado Governmental Immunity
While tort claims against the government are generally prohibited, there are some exceptions. These exceptions are narrowly defined under Colorado law.
Your claim must fall into one of the following waiver categories before it will be allowed to proceed:
- Motor vehicle operation: Negligence involving the operation of a motor vehicle owned or leased by a public entity, when used by a public employee during the course of employment.
- Public facilities: The operation or maintenance of public facilities, including hospitals, jails, correctional facilities, parks, recreational areas, or utilities such as water, gas, sanitation, electrical, power, or swimming facilities.
- Dangerous conditions: Hazards or unsafe conditions on public property, including highways, roads, streets, public buildings, and qualified state capital assets subject to a leveraged leasing agreement.
- Failure to perform duties: Negligence involving a failure to complete required tasks, such as conducting education employment background checks under C.R.S. 13-80-103.9.
Additionally, legal liability must be based on negligence. It’s also important to note that claims brought under federal law—such as civil rights violations—do not have to meet these waiver requirements.
Filing a Government Tort Claim in Denver
Filing a claim against the government in Denver requires following strict rules and timeframes. Prior to filing a lawsuit, you must file a written notice of your intent to sue. This notice should be served on the attorney general or the attorney representing the public entity.
Notice must be given no later than 180 days following your injury. Failure to provide this notice within 180 days can cause you to lose your right to sue the government entity.
Your notice should include:
- The injured party’s name and address
- The name and address of the injured party’s lawyer, if any
- The name and address of any public employees involved
- A concise statement of the facts, including the time, date, and location of the accident
- A concise statement of the nature and extent of your injuries
- The amount of monetary damages being requested
After giving this notice, you may not immediately file a lawsuit. You must wait 90 days or until the government denies your claim, whichever comes first. Once these requirements are met, you may proceed with filing your lawsuit against the government.
Damages Available Against Government Entities
If you meet the requirements for suing the government, you are entitled to recover the same types of damages as you would against a private defendant. This includes both economic and non-economic damages.
This means that the government may owe you compensation for:
- Medical bills
- Lost wages
- Lost benefits
- Property damage
- Out-of-pocket expenses
- Pain and suffering
- Emotional distress
- Diminished quality of life
- PTSD
- Depression
- Anxiety
The value of your damages will depend upon the specific facts of your case. Cases involving more severe injuries are typically worth more than cases in which only minor injuries are involved.
Contact the Denver Personal Injury Lawyers at Zaner Law Personal Injury Lawyers for Help Today
If you need to file a claim against the government, you should get help from a Denver personal injury lawyer right away. Claims against the government must meet strict requirements, and the timeframes for filing your claim are very short compared to typical personal injury claims.
One misstep in the process could cause you to lose your ability to recover compensation for your injuries. Contact the experienced team at Zaner Law Personal Injury Lawyers for help today. We can help determine whether your claim against the government is valid, and we will fight diligently to get you all the compensation you are owed.
Contact us or call (720) 613-9706 today for a free consultation with a Denver personal injury attorney, and let us get to work for you.
