Did you know that governments often claim to be immune from being sued for many types of wrongs that can happen? For example, you typically can’t sue the police if they fail to prevent a crime from happening to you. Also, you cannot sue a public official for defamation if they made the statement while working.
Often when a governmental entity such as a city or the state is sued, one defense they will automatically raise is that they are immune from suit. The judge will pause discovery, allowing only evidence that proves whether the government is immune from liability.
This is not necessarily the end of the lawsuit – but it can delay the case somewhat. Here’s why.
Governments Also Waive Immunity for Some Claims
There are a number of broad areas where Colorado law waives immunity for claims against a governmental entity. That means there are some types of claims that the government agrees it can be sued for.
When it comes to personal injury or sexual assault claims against a state or local governmental agency, some of the waiver areas include:
- Operation of a public motor vehicle by a public employee while the employee was working
- Operations at a public hospital, correctional facility, or jail
- A dangerous condition at a public building; public highway, street, or road; public utility; or public swimming facility
Discovery is Narrowed at First
In most lawsuits, discovery is the process where both sides request and exchange relevant information about the dispute. When a judge limits discovery in a lawsuit against the government to issues relating to immunity, the focus of the discovery will narrow to that particular issue. Greer Law aims to uncover evidence showing your case fits a Colorado law exception where immunity is waived.
Assuming the judge agrees with us and rules that governmental immunity does not apply, the case will typically move forward. Additional discovery will then take place that will focus on the claims we are bringing on our client’s behalf.
Greer Law Can Help You Recover When the Government is Responsible for Your Injuries
If a government employee or unsafe public property harmed you, you may be entitled to recover compensation. But suing the government is different than filing a regular lawsuit. You typically need to give advance notice, and that needs to happen within about six months (182 days, to be exact) of when you discover your injury.
At Greer Law, we know what it takes to bring a successful personal injury lawsuit against the government. Call us at 303.331.6460 or reach out to us online to schedule a free case evaluation.
