Government immunity can complicate a personal injury claim. This immunity provides government entities with protection from lawsuits from personal injury claims. In other words, individuals cannot sue the government for certain personal injury claims. In the state of Colorado, however, this immunity only exists when stated by law, and immunity may be relinquished when certain situations result in personal injury.
If you have been injured by a government entity or while on the job as a governmental employee, you should contact a lawyer as soon as possible. It is crucial that you act quickly to avoid forfeiting your rights. Individuals who have been injured by a government entity have 180 days to file a written notice. Failure to file a notice within this time period will prevent you from filing a lawsuit for damages. With only a small window to file a notice and make a claim, contacting a lawyer is an essential first step that needs to be taken immediately.
Colorado Governmental Immunity Act (CGIA)
Although claims against the state of Colorado generally fall under sovereign immunity, there are certain situations when immunity may be waived. The government may waive immunity in a personal injury claim under the following circumstances:
- A hazardous condition in a public building.
- A public employee was operating a motor vehicle while on the job.
- The maintenance or operation of public water, sanitation, gas, electrical, swimming or power facility.
- A hazardous condition caused by snow and/or ice accumulation that interferes with the public’s access to public buildings.
- The operation of a public correctional facility or hospital.
- A hazardous condition on a public street, road or highway that disrupts traffic.
Under these circumstances, immunity may be waived and the government may be sued for damages.
Individuals who have suffered injuries caused by a government entity or while on the job as a government employee may recover the following damages:
- Medical bills
- Rehabilitation expenses
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Diminished quality of life
Under the Colorado Governmental Immunity Act, an individual can recover:
- A maximum of $990,000 if two or more persons are injured in a single occurrence.
- A maximum of $350,000 if one person is injured in a single occurrence.
If you have a governmental liability claim, contact us today to for a consultation. We understand Colorado’s governmental immunity laws and will fight on your behalf to ensure that your rights are upheld.