Damages Caused by Government Actors in Colorado
Injuries created by government employees are governed by their own sets of rules and limitations. Laws that apply to a particular government liability claim depend on the branch of government involved, the circumstances of the alleged wrong, and whether the conduct violates any constitutionally protected rights of the injured person.
At the Cederberg Law Firm, lawyers Jim and Luke Cederberg file injury and accident claims against units of government on behalf of people in Colorado. To learn more about your government liability case, contact them at their office in Boulder, Colorado, for a free consultation.
Hold the Government Liable for Your Injuries
The state of Colorado, its political subdivisions and all municipalities are immune from suit for tort actions, except for designated claims. Cases that are allowed include claims arising from the operation of motor vehicles, police brutality, maintenance of certain government physical facilities, dangerous conditions in government buildings and roadway hazards that physically interfere with the movement of vehicles.
For negligence cases that are permitted against the state or its subdivisions, there is a critical requirement that a Notice of Claim be filed with the governmental entity against whom the claim is made. This must be filed within 180 days of the date of discovery of the injury. Failure to meet this requirement will defeat the claim.
Damages in tort claims against the state or its subdivisions are limited to $350,000 per person and $990,000 per occurrence.
Has the Government Violated Your Civil Rights?
Employees of the state and its subdivisions and municipalities themselves can be liable for damages resulting from actions that violate the United States constitutional rights of the injured person, including the family of a person killed. These kinds of claims are brought under a federal statute, 42 U.S.C. Section 1983 (commonly referred to as “1983 actions”). Damages are not limited by state law. These actions are often brought in cases of police beatings, police shootings and other serious misconduct. The standard of proof in these cases is very high.
Jim Cederberg attempted to expand the envelope for 1983 actions when he represented victims of the Columbine High School shootings on the theory that the Jefferson County School District and the Jefferson County Sheriff’s Department should have done more to prevent the shootings based on the numerous warning signs from Harris and Klebold. Although ultimately unsuccessful, this work involved detailed study and exploration of the boundaries of civil rights law and required zealous advocacy for his clients.
Federal government employees and agencies are susceptible to government liability claims for simple negligence under the Federal Tort Claims Act, which has its own set of notice requirements and does not allow for jury trials.
Speak to a Government Accident Injury Claims Attorneys in Denver
To sit down with attorneys Jim and Luke Cederberg to discuss your government liability case, contact our office or call (877) 411-0449 to schedule a free consultation.