Just like an individual or a business, the state or a local government in Nevada can be sued if its negligence results in a severe injury to you. However, the rules for personal injury litigation against a government agency differ from those for an individual or a commercial property owner in Nevada.
Doctrine Of Qualified Immunity in Nevada
Nevada courts grant government employees the substantial latitude to decide how to react to the numerous situations they are presented with during their employment. Even if any harm they caused was avoidable, the legal doctrine of qualified immunity should still protect them from liability as long as they acted reasonably.
Nevada’s tort claims act contains specific rules for filing an injury claim against the government.
Initiating A Personal Injury Claim Against the Government In Nevada
People injured negligently by state, county, or municipal employees in Nevada are never barred from bringing a personal injury lawsuit against them.
You can file a claim against the State of Nevada or a local government agency if your injury was caused by the government or employees who were carrying out their job duties.
An incident involving a government employee who was off duty when they caused the injury is unlikely to be covered under the tort claim statute.
Personal injury claims against the Nevada state government are governed by Chapter 41 of the Nevada Annotated Code (NAC).
Some of the reasons for bringing compensation claims against the State of Nevada include motor vehicle accidents involving state vehicles, accidents caused by unsafe roadways, slip and fall accidents on state property, sexual abuse, assaults, and other injuries that occur due to inadequate security or other negligence on government property, Injuries caused by police high handedness and other misconduct, or any other accident and injury that would give rise to a personal injury lawsuit against a private party.
As part of the claims process, you must prove that the state or its employee caused the specific incident and subsequent injury.
Your Las Vegas personal injury attorney will be able to walk you through the entire process.
How To File a Personal Injury Claim Against the State Government Or Other Government Entities In Nevada
When an Individual gets injured by a Nevada state employee or on Nevada state property, they may file a personal injury lawsuit immediately and submit a completed standard claim form with the Nevada State Board of Examiners. The claim form is a way to avoid litigation and pursue a quicker settlement.
The claim form seeks information about
the settlement amount being sought, a description of the accident which caused the injury, an explanation of why the injured person believes the state is responsible for the damages, and
copies of medical reports from all the doctors who treated or examined the injured person, or if the property was damaged, a statement of the property’s value, the cost of repairs, and the salvage value.
The attorney general’s office will review any properly-submitted claim and decide whether to approve or deny it. If the claim is approved, the state pays the claimant’s losses. If the claim is denied, the injured person can file a civil lawsuit in a Nevada court and seek damages.
Any claim brought against the state of Nevada must be filed within two (2) years of the date of injury. If the claim is not filed within two years, it will be rejected by both the state and the courts.
It is also important to note that personal injury damages against the Nevada state government are capped at $200,000 per claim and that judges do not impose punitive damages against the government.
Pacific West Injury Law – No Matter How Strong-Or Powerful the Opposition Is, We’ll Fight To The End For The Best Outcome For Our Clients.
At Pacific West Injury Law in Las Vegas, our team of personal injury lawyers brings cases against the government for the injured without fear of recrimination or reprisal.
Our firm’s fearless Las Vegas personal injury lawyers understand how to hold local governments financially accountable for injuries caused by unsafe property conditions and other types of negligence. We represent people throughout Las Vegas, Henderson, and North Las Vegas who are harmed by the negligence of municipalities, counties, and other state government agencies.
No matter how you were injured, contact a Las Vegas personal injury lawyer at our firm today. We offer a free initial consultation to discuss your case and explain your legal options.