Our Denver Office

The Law Office of Sommer Stephens Luther
899 Logan St. Suite 200
Denver, CO 80203
Phone: (800) 435-0586
Email: info@lutherinjurylaw.com
Web: www.lutherinjurylaw.com

I think my case might be against the government. What should I do?

There are special rules and procedures for cases that involve the State of Colorado or the United States of America.  It is very important to contact an attorney immediately if you believe that your case may involve either the state or federal government. 

The State of Colorado is provided immunity from suits by the Colorado Governmental Immunity Act (CGIA).  Under the CGIA the State of Colorado, subsidiaries of the State of Colorado, such as universities and colleges, special districts and municipalities are immune from suits, except in certain instances.  Immunity has been waived in certain instances, which are set forth in the statute.  For instance, an injured person may bring an action against the State of Colorado for injuries occurring as a result of the operation of motor vehicles, the operation of public hospitals, the operation of correctional facilities and the existence of some dangerous conditions.

In circumstances where a person sustains an injury as a result of the negligence of the State of Colorado, or employees of the State of Colorado, there are very specific steps that must be taken to satisfy the CGIA.  Failure to comply with the requirements of the CGIA will result in the claim being barred forever.

One of the most important requirements of the CGIA is that the injured person sends notice to the appropriate governmental entities within 180 days of the date of the incident.  The appropriate governmental entities depend on the specific governmental body involved in the incident.  The CGIA also sets forth specific requirements for the information that must be contained within the governmental notice.

If you believe you have been injured by an entity of the State of Colorado it is imperative that you contact an attorney immediately to ensure that your rights are protected and the requirements of the CGIA are satisfied. There are many other important elements of the CGIA, including limitations on damages, which are not discussed here.

If a person believes that they have been injured by the federal government the Federal Tort Claims Act may apply to their claim.  The Federal Tort Claims Act does not contain as many procedural requirements as the Colorado Governmental Immunity Act; however, there are some requirements that must be followed prior to filing a claim against the federal government.  If you believe that you have been injured by the federal government it is imperative that you contact an attorney immediately to ensure that your rights are protected and the requirements of the Federal Tort Claims Act are satisfied.