Getting hurt due to someone else’s negligence is frustrating enough, but the situation can become even more complicated when a government agency is involved. Whether you slipped on unsafe public property, were hit by a city vehicle, or were injured due to a government worker’s negligence, Nevada law allows you to file a tort claim against the responsible government body.
However, government tort claims come with strict rules and deadlines. You may only have a short time to act, and the process is different than filing a typical personal injury lawsuit. This is why it’s important to understand how the process works.
What Is a Government Tort Claim?
A “tort” is a civil wrong, meaning any situation where someone’s negligence or misconduct causes another person harm. In Nevada, if a government agency or public employee acts negligently and causes an injury, you may be able to file a government tort claim.
Government tort claims typically involve one or more of the following:
- Car accidents involving city or county vehicles
- Unsafe conditions on public sidewalks or buildings
- Injuries caused by public employees performing their duties
- Negligent road design or maintenance
- Medical negligence in public hospitals or correctional facilities
In these cases, instead of suing a private person or company, you’re pursuing compensation from a public entity, like the State of Nevada, a city, a school district, or another government body.
Nevada’s Waiver of Sovereign Immunity
Historically, governments were immune from being sued–a concept known as “sovereign immunity.” However, the state has waived this immunity in many situations through its Nevada Tort Claims Act. This means the government can be held liable for harm caused by its employees, just like a private citizen or business, but only under certain conditions.
There are limits to what types of claims you can bring, and you must follow strict procedures. These rules apply whether you’re filing against a local city, county, state agency, or the state itself.
Notice Requirements for Filing a Government Claim in Nevada
Before you can sue a government agency in court, you must first file a Notice of Claim. This notice is required under NRS 41.036 and must be filed within two years of the date of the injury or when it was reasonably discovered.
The notice must include information like:
- A description of how the injury occurred
- Medical reports and other evidence of your injuries and damages
- A statement explaining why you believe the government is responsible
- The amount of damages you are seeking
Filing this notice is the first step in the process, and it’s a critical one. If you don’t file your notice correctly or within the required time, your claim can be rejected before it ever gets off the ground.
What Happens After You File a Notice of Claim?
Once the notice has been filed, the government has time to investigate and respond. In many cases, the agency will review your claim and either approve or deny it. If the claim is denied–or if no action is taken–you may be able to proceed with a civil lawsuit.
Keep in mind that filing a government claim is not the same as filing an insurance claim or a typical lawsuit. The government may try to settle the case, but they are not obligated to do so. If you need to proceed with a lawsuit, you must follow strict procedural rules.
Damages in Nevada Government Tort Claims
If your claim is successful, you may be able to recover economic and non-economic damages for:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Disability or disfigurement
- Emotional distress
However, there is one important limitation to note: Nevada law caps the amount of damages that can be awarded against the government at $200,000 per claim. This means that even if your damages are greater than that amount, you may be limited in what you can recover–unless multiple entities are involved.
Also, punitive damages are not allowed in government tort claims in Nevada. You cannot recover additional money intended to punish the government for particularly bad behavior.
Contact a Nevada Personal Injury Lawyer Today
If you’ve been injured due to a public employee’s negligence or a dangerous condition on public property, you may be entitled to file a claim against the government. But your time is limited, and there are strict rules that must be followed.
A skilled Nevada personal injury lawyer can walk you through the process and protect your rights every step of the way. Most lawyers in this area of the law work on a contingency fee basis, so they only receive attorney’s fees if they successfully handle your case. Call De Castroverde Accident & Injury Lawyers today to schedule a free consultation at (702) 222-9999.
