Colorado Notice Of Claim Government Entity

What the 182-day notice statute says

The rule comes from the Colorado Governmental Immunity Act. C.R.S. § 24-10-109(1) says a person claiming an injury by a public entity or a public employee must file a written notice "within one hundred eighty-two days after the date of the discovery of the injury, regardless of whether the person then knew all of the elements of a claim." You do not need to know every fact, or even be sure who was at fault, for the clock to start.

The same subsection explains why the deadline is so strict. Compliance is "a jurisdictional prerequisite to any action," and failure to comply "shall forever bar any such action." That is what the video means when it says there is no extension. Any question about whether a particular notice was on time or went to the right place should be reviewed by a lawyer against the actual dates.

The notice is not the lawsuit, and it does not replace the lawsuit deadline. Under § 24-10-109(5), the suit itself must still be filed within the ordinary limitation period: generally three years for injuries arising from the use or operation of a motor vehicle (C.R.S. § 13-80-101) and two years for most other negligence claims (C.R.S. § 13-80-102).

What the notice must include and where it goes

Section 24-10-109(2) lists five things the written notice must contain: the name and address of the claimant and of the claimant's attorney, if any; a concise statement of the factual basis of the claim, including the date, time, place, and circumstances; the name and address of any public employee involved, if known; a concise statement of the nature and extent of the injury; and a statement of the amount of monetary damages requested.

Where it goes depends on who the claim is against. If the claim is against the state or a state employee, the notice is filed with the attorney general. For any other public entity, such as a city, county, school district, or transit district, it is filed with the governing body of that entity or the attorney representing it. The statute says notice is effective "upon mailing by registered or certified mail, return receipt requested, or upon personal service." A phone call to an adjuster or a police crash report is not listed as a substitute.

After the notice is filed there is a waiting period. Under § 24-10-109(6), a lawsuit cannot be started until the public entity denies the claim or 90 days pass after the notice was filed, whichever comes first.

When a Colorado public entity can be sued at all

Sending notice on time does not by itself mean the claim can go forward. Under C.R.S. § 24-10-106(1), a public entity is immune from tort liability except in the situations the statute lists. Those include the operation of a motor vehicle owned or leased by the public entity and driven by a public employee in the course of employment (with an exception for emergency vehicles operating under C.R.S. § 42-4-108), a dangerous condition of a public building, and a dangerous condition of a public highway, road, or street that physically interferes with the movement of traffic.

This is why crashes with a city truck, a snowplow, a school bus, or a transit bus, and injuries in public buildings, are the cases where the 182-day notice comes up most often. If you are not sure whether a government vehicle or property was involved, treat the 182-day date as the working deadline until someone confirms otherwise.

Limits on what can be recovered from a public entity

Colorado also limits judgments against public entities. C.R.S. § 24-10-114(1) sets the base amounts and directs the Secretary of State to adjust them for inflation every four years. The Secretary of State's certificate lists, for claims that accrue on or after January 1, 2026, and before January 1, 2030, $505,000 for any injury to one person in any single occurrence and $1,421,000 for an injury to two or more persons in a single occurrence, with no one person recovering more than $505,000. For claims that accrued on or after January 1, 2022, and before January 1, 2026, the figures are $424,000 and $1,195,000.

These are statutory ceilings, not estimates of what any claim is worth. Under § 24-10-114(4), a public entity is also generally not liable for punitive or exemplary damages.

How long do I have to file a notice of claim against a government entity in Colorado?

C.R.S. § 24-10-109(1) requires written notice within 182 days after the date of the discovery of the injury, regardless of whether you then knew all the elements of a claim. The statute makes compliance a jurisdictional prerequisite and says failure to comply forever bars the action.

Does the 182 days run from the injury or from when I discovered it?

The statute counts from "the date of the discovery of the injury." In a crash or a fall, that is usually the day it happened, which is why the video uses the date of injury. Do not count on a later discovery date without having a lawyer review the facts.

Who do I send a Colorado notice of claim to?

Under C.R.S. § 24-10-109(3), a claim against the state or a state employee is filed with the attorney general. A claim against any other public entity is filed with that entity's governing body or the attorney representing it. Notice is effective upon mailing by registered or certified mail, return receipt requested, or upon personal service.

Is the notice of claim the same as filing a lawsuit?

No. The notice is a written statement sent to the public entity. A lawsuit cannot be started until the entity denies the claim or 90 days pass after the notice is filed, whichever comes first, and the suit must still be filed within the ordinary limitation period under C.R.S. § 24-10-109(5).

Is there a limit on damages against a Colorado government entity?

Yes. Under C.R.S. § 24-10-114, as adjusted by the Secretary of State, the limit for claims that accrue on or after January 1, 2026, and before January 1, 2030, is $505,000 for one person and $1,421,000 for two or more persons in a single occurrence. These are statutory limits, not a prediction of any result.

How do I talk to Conduit Law about a claim involving a government entity?

Call (720) 432-7032 for a free consultation. We review the dates, which public entity is involved, and where notice has to go. This is general information, not legal advice.