Establishing Fault and Timelines for Bringing a Claim
To get compensation from a government agency, you typically need to show that the agency knew of the hazard but failed to fix it in a timely manner. This can be tough. For example, it isn’t enough that there is a giant pothole in the middle of the lane. You also need to establish that the agency responsible for the road knew that the pothole was there but failed to take any action to correct it.
Colorado and state agencies are immune from lawsuits. However, the state has made an exception for people injured when the state has not been sufficiently careful.
But the state also makes it difficult by having very strict deadlines you must meet. In particular, you must file a written notice with the agency within 180 days of your accident, otherwise the state will not negotiate a settlement with you. You also won’t be able to sue if you don’t meet this deadline, so it is imperative that you move quickly.