Colorado Notice of Claim Under the CGIA

Introduction

Key Things to Know

1. 1

   The deadline is strict. The written notice is due within 182 days after the date of discovery of the injury, regardless of whether the claimant then knew all of the elements of a claim. Compliance is a jurisdictional prerequisite, and failure forever bars the action (C.R.S. 24-10-109(1)). Reading the statute or contacting the entity's risk management office confirms the current rule.

2. 2

   One section of the Colorado Governmental Immunity Act covers both tracks. The same 182-day rule applies to the State and to cities, counties, school districts and other public entities.

3. 3

   For a claim against the State, the notice goes to the Attorney General (24-10-109(3)(a)). The State Office of Risk Management directs claimants to its New Liability Claim Form, which must be printed, signed in ink and physically mailed or hand delivered to the Attorney General's Office, not submitted electronically. Under 24-10-109(3)(a), the notice is effective upon mailing by registered or certified mail, return receipt requested, or upon personal service.

4. 4

   For a local public entity, the notice goes to its governing body or the attorney representing it. Filing with the entity's agent listed in the inventory of local governmental entities under C.R.S. 24-32-116 also satisfies the section (24-10-109(3)).

5. 5

   The notice is effective upon mailing by registered or certified mail, return receipt requested, or upon personal service (24-10-109(3)(a)). Keep the mailing receipt or proof of service.

6. 6

   The notice states the claimant's and any attorney's name and address, a concise statement of the factual basis of the claim with the date, time, place and circumstances, the name and address of any public employee involved if known, the nature and extent of the injury, and the amount of monetary damages requested.

7. 7

   No suit may start until the entity denies the claim or 90 days pass after the notice is filed, whichever comes first (24-10-109(6)). The suit must then be brought within the limitation period for that type of action in C.R.S. title 13, articles 80 and 81, extended by the time needed to comply with the 90-day wait (24-10-109(5)).

Colorado Requirements for Notice of Claim

• 182-Day Notice Deadline

  C.R.S. 24-10-109(1): written notice within 182 days after the date of discovery of the injury, regardless of whether the claimant then knew all elements of a claim.

• Jurisdictional Bar

  C.R.S. 24-10-109(1): compliance is a jurisdictional prerequisite, and failure of compliance forever bars the action.

• State Claim Recipient

  C.R.S. 24-10-109(3)(a): State claims go to the Attorney General. The State Office of Risk Management New Liability Claim Form is printed, signed in ink and mailed by registered or certified mail, return receipt requested, or personally served.

• Local Claim Recipient

  C.R.S. 24-10-109(3): local claims go to the governing body or the attorney representing the entity, or to its agent listed under C.R.S. 24-32-116.

• Delivery Method

  C.R.S. 24-10-109(3)(a): the notice is effective upon mailing by registered or certified mail, return receipt requested, or upon personal service.

• Amount of Damages Requested

  C.R.S. 24-10-109: the notice includes a statement of the amount of monetary damages being requested.

• 90-Day Wait and Suit Deadline

  C.R.S. 24-10-109(6): sue only after a denial or 90 days after filing, whichever is first; the title 13 limitation period is extended by the wait (24-10-109(5)).

• Damages Limits

  C.R.S. 24-10-114: for claims accruing from January 1, 2026 to before January 1, 2030, $505,000 per person and $1,421,000 for two or more persons per occurrence.

• Required Notice Contents

  State the claimant and attorney names and addresses, the date, time, place and circumstances, any employee involved, and the nature and extent of the injury.