Your Legal Questions Answered

When contemplating a lawsuit against the State of Colorado, it's imperative to understand the complexities of the Colorado Governmental Immunity Act (CGIA). The CGIA outlines specific criteria that a claim must meet to be successful. Firstly, the facts of the case must fall within one of the eight "waived" areas of sovereign immunity, which range from the operation of a motor vehicle by a public employee to the failure to perform an education employment required background check. Each of these waivers has its own set of exceptions, as detailed in C.R.S. 24-10-106 and subsequent case law. Secondly, there must be legal liability involving negligence on the part of the state.

Claims filed under Federal law are exempt from these state-specific criteria. Once you've determined that your case meets these conditions, a written damage claim must be filed within 182 days of the loss at the Attorney General's Office. The State Office of Risk Management (SORM) then sets up a claim file and assigns adjusters to investigate the occurrence, ultimately bringing the claim to a conclusion either by settlement or denial.