If the negligence of another individual or company caused you to become injured, the litigation process is fairly straightforward. You simply open a personal injury case against them or their insurance company by filing a complaint in the appropriate civil court.
When the State of Nevada, or one of its subdivisions, is responsible for your injuries, however, things get a little more complex. You cannot simply take the state or one of its agencies to a traditional civil court- you will first need to file a tort claim under Chapter 41 of the Nevada Annotated Code.
What Can I File a Tort Claim for?
Generally speaking, you can file a claim against the State of Nevada or local government agency if your injury was caused by the government or an employee of the government who was carrying out their job duties. An incident involving a government employee who was off-duty at the time they caused the injury is unlikely to be covered under the tort claim statute.
Some of the most common reasons for bringing compensation claims against the State of Nevada include:
- Car accidents involving state vehicles
- Medical malpractice on the part of state employees
- Slip and fall accidents on state property
Of course, as part of the claims process, you will need to prove that the specific incident and subsequent injury were caused by the state or its employee. Your personal injury attorney will be able to walk you through the process of doing just that.
How Do I File a Personal Injury Claim Against the State of Nevada?
There is a very strict process which must be adhered to when filing a tort claim against the Nevada government. The first step in this process is to send a signed claim letter to the Nevada State Board of Examiners. In your letter, you must provide:
- A detailed description of how your injuries occurred
- An explanation for why you believe the state is the responsible party
- The compensation figure that you are seeking
- Copies of your medical reports and your physician’s contact information
If your letter does not contain all of the necessary information, it may be returned or rejected entirely. As such, you may wish to enlist the help of an experienced attorney when drafting the document. They will help you ensure that all of your information is present, accurate, and correct.
Once your claim letter has been received, it will be thoroughly reviewed by the Nevada Attorney General’s office. If your claim is approved, the state will send you your compensation shortly thereafter.
If, on the other hand, the state denies your claim, you will not receive any payment. However, you will be able to file a lawsuit in a civil court instead. Should you choose to pursue this option, an experienced personal injury attorney will be able to help you prepare and gather the evidence you need to maximize your chances of success.
Are There Any Limits to the Claims That I Can Make Against the State of Nevada?
The tort claim statute outlines a couple of rules which govern the claims you can make against the government in Nevada. First, claims are limited to incidents that have occurred within the past two years. If your claim is made after that cutoff date, it will be automatically rejected.
The tort claim statute also places a cap on the amount of compensation that you can receive from the state government. At the time of writing, this figure sits at $100,000. This limitation does NOT apply to cases involving Civil Rights violations which would, typically, be filed in Federal Court. It is also not possible to seek punitive damages from the State of Nevada, except in certain civil rights actions.
Find a Personal Injury Attorney That Will Fight for You
As experts in personal injury law, the Cap and Kudler team fully understands the process of filing a claim against the State of Nevada. Whether you got into an accident with a state vehicle or fell and injured yourself in a state building, we can help you recover the compensation you deserve. Simply give us a call at (702) 878-8778 or contact us online to get your case started.
