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Governmental immunity or sovereign immunity often exists in various types of personal injury claims in Colorado. Governmental immunity protects governmental entities from lawsuits for personal injury, which means the government cannot be sued by an individual for damages for certain types of personal injury claims.
However, in Colorado, governmental immunity only exists when stated by statute. Additionally, the government’s immunity may be waived in certain situations resulting in personal injury.
It is very important to contact a personal injury lawyer immediately after you have sustained an injury caused by a governmental entity or governmental employee in the course of employment. According to the Colorado Revised Statutes sections 24-10-109, an individual that has sustained an injury by an act or omission by a government entity is required to file written notice within 180 days after the date the injury was discovered. Any failure to provide this notice within the specified time period will permanently prevent the injured party’s lawsuit for damages. Since this is a short time period, it is very important to immediately contact a personal injury lawyer once you have suffered a catastrophic injury.
Did you suffer serious injuries or was your loved one killed by a negligent government employee or on government property? You should immediately contact the Law Office of Jennifer L. Donaldson to determine whether you may be able to seek compensation for your losses.
Jennifer Donaldson is a Colorado personal injury lawyer serving numerous areas in Denver County, Adams County, Jefferson County, Boulder County, and Arapahoe County. She can help you understand all of your legal options as soon as you call (303)-458-5000 to schedule a completely free initial consultation.
Claims against the government in Denver and Colorado are generally barred under the theory of sovereign immunity. However, this immunity may be waived. According to the Colorado Revised Statutes § 24-10-106, the government may waive immunity in personal injury actions arising from:
In these cases, the governmental entity can be sued for personal injury accidents that are caused by governmental employees or for dangerous conditions on government property.
According to Article 10 of Title 24 of the Colorado Revised Statutes, the Colorado Governmental Immunity Act (CGIA) was created to address when the government is and is not liable for injuries or damages sustained at least in part by the government.
Additionally, the Colorado Government Immunity Act states that sovereign immunity bars any action against a public entity for injuries that are tort-based, except in certain situations.
The Colorado Governmental Immunity Act protects various governmental employees and public entities from lawsuits for personal injury, which, according to the Colorado Revised Statutes § 24-10-103, can include:
As stated in section 24-10-107 of the Colorado Revised States, in cases where sovereign immunity is waived, the government’s liability is the same as a private person’s.
In order to file a lawsuit against a governmental entity in Denver, the injured party is required to follow certain provisions. For example, under the Colorado Revised Statutes § 24-10-109, the injured party is required to file a written notice with the attorney general or the attorney representing the public entity within 180 days after the date the injury was discovered. Any failure to follow this step will permanently bar an action for damages.
Additionally, the notice is required to include the following information:
After this notice has been filed, the injured party must then wait at least 90 days before they can file a lawsuit for damages or wait for the government to deny their claim, whichever comes first.
Liability Program | Division of Human Resources (DHR) — This section of the DHR website provides an overview of the state's liability program. You can find a link to a summary of the CGIA on this website. There is also a link to file a claim against the State of Colorado.State Chief Human Resources Officer Kim Burgess
Colorado Governmental Immunity Act (CGIA) — You can read the full text of the CGIA through this link. The legislation covers the reasons for limited sovereign immunity, when sovereign immunity is strictly construed, and when sovereign immunity can be broadly construed. You can also learn about the Trinity Process, the standard for appeal, and miscellaneous issues.
Colorado Government Immunity Act — You can read the full text of Colorado Revised Statute § 24-10-106 to fully understand the extent of situations in which the government may waive immunity. The statute discusses immunity and partial waiver, duty of care, and determination of liability. It also covers when notice is required, what costs a public entity can be liable for, and the effect of a judgment against a public entity or public employee.
If you sustained catastrophic injuries or your loved one was killed because of the negligence of a government employee, you deserve to know all of your legal options. The Law Office of Jennifer L. Donaldson fights to get full and fair compensation for clients in Thornton, Boulder, Aurora, Arvada, Littleton, Westminster, Longmont, Lakewood, Centennial, and several surrounding areas.
Denver personal injury attorney Jennifer L. Donaldson has over a quarter-century of legal experience. She can review your case when you call (303)-458-5000 or submit an online form today to schedule a free, no-obligation consultation.