Filing an Injury Claim Against the Government in Nevada

You were injured in Nevada, by the government or a government employee. Maybe a county worker negligently ran a red light and hit you. Or a careless doctor at a state-owned hospital botched your surgery. Or you slipped and fell at city hall. You're considering a personal injury lawsuit to recover compensation (damages) for your injuries, but you're unsure about Nevada law.

Can I sue the government? Does Nevada get special protection from lawsuits? Do I need to follow different rules or procedures? How much can I collect if I win? We'll answer these questions and more, starting with an overview of the general rules and issues involved in government injury claims. From there, we'll turn our attention to Nevada law.

General Rules and Issues for Injury Claims Against the Government

Under the best of circumstances, a lawsuit is costly, time-consuming, and—above all else—frustrating. Unfortunately, it gets worse when your opponent is the government. Suing the government presents all the same challenges as does suing a private individual or a business, and then some. You'll face extra layers of rules, procedures, and limits, most of which seem designed to add time, expense, and anxiety to an already unpleasant experience.

Issues to Watch For

Specifically, when you do battle with the government over a personal injury claim, expect to confront these issues—and maybe others.

Government immunities. Unlike private parties, governments and their employees benefit from the protection of government immunities. There are several kinds of immunities, all with different names, and all of them work a bit differently. The details are less important than the ideas that animate them.

So, what are government immunities and what do they do? They're a ragtag collection of ad hoc rules concocted by courts and legislatures to make sure that governments and their officials don't have to answer for harms they cause. In any potential government injury case, one of the first things you and your lawyer need to figure out is what immunities might apply—and whether you can defeat them.

Deadlines and statutes of limitations. Special deadlines and statutes of limitations complicate government injury claims by forcing you and your counsel to act quickly, often before you have all the necessary facts. How quickly? In some states, you'll need to make critical, potentially outcome-determinative filings just a few months after you were hurt—even before you've fully recovered from your injuries.

What happens if you miss a deadline or try to file late? It might mean the end of your case. Keep in mind that these deadlines exist to serve a key government purpose: Killing as many claims as possible, before the government can be forced to pay for them. Your lawyer knows all about these time limits and can help you navigate through them seamlessly.

Special procedures and processes. Claim and lawsuit processes vary, of course, from one state to the next. But most states have claim notice rules that force you to tell the government about the facts of your case before you file suit. States justify these rules as a way to improve the speed and efficiency of injury claims. Don't be fooled. The government isn't interested in paying for your claim any sooner than it absolutely must.

Limits on damages. In many states, damage limits—sometimes called "caps"—serve as a sort of "get out of jail (almost) free" card. In a cap state, even if you win your case, the damages you can collect from the government are arbitrarily limited. For cases involving serious or catastrophic injuries and lasting disabilities, the cap amount will prove woefully inadequate, often adding insult to injury.

Where to Start? Your State's Tort Claims Act

The starting point when analyzing a potential injury claim against the government is your state's "tort claims act" or similar law. At the very least, this law lays down the rules for claims and lawsuits against the state and state agencies. In some states, the same law governs claims against local governments, too. In others, the rules for suing political subdivisions like cities, townships, and counties are in a separate law.

If you want to know how your state handles the issues discussed above, the tort claims act should be your first stop. Don't be surprised, though, if you don't find all the answers there. Chances are that the state's courts have had to fill in some of the blanks left behind by the legislature.

Nevada's Tort Claims Act

The Nevada Tort Claims Act, found at Nev. Rev. Stat. §§ 41.0305-41.039 (2024) (the Act), covers claims against Nevada and its agencies, as well as those against Nevada political subdivisions. Among other things, the Act:

• waives government immunities
• calls for the injured person to file their injury claim with the government before filing suit, and
• limits damages the government must pay.

Waiver of Government Immunities

In Nev. Rev. Stat. § 41.031(1) (2024), Nevada waives its sovereign immunity and consents to be sued "in accordance with the same rules of law as are applied to civil actions against natural persons and corporations... ." Nevada also waives the immunity of "all political subdivisions of the State... ."

So, does this mean you can sue Nevada, its cities or its counties just like you would a regular person? No. Despite the quoted language, Nevada's waivers of immunity are partial waivers, not complete waivers. They're best understood as meaning "We waive our immunity to suit, unless we don't."

Nevada has retained immunity, for itself and its political subdivisions, for a variety of claims. (See, for example, Nev. Rev. Stat. §§ 41.032-41.03365 (2024).) Your lawyer can explain whether any of those immunities might apply in your case.

Instead of focusing on Nevada's remaining immunities—meaning the kinds of claims you can't bring—it makes more sense to list the kinds of claims you can bring. What claims and lawsuits does Nevada law allow? Here's a partial list of the most common personal injury negligence claims:

• slip-and-fall accidents involving dangerous conditions in public buildings
• slip and fall claims involving public sidewalks and other walkways
• auto accidents caused by a defective road or highway condition
• auto accidents that happen because of a government employee's negligent driving, and
• medical malpractice claims over care and treatment at government-operated medical facilities.

Again, this listing isn't meant to be complete. Ask your lawyer whether your claim is on Nevada's prohibited list or its permitted list.

Filing Your Claim With the Government Before You Sue

Nevada wants you to file your claim with the government before you sue them in court. When you've been injured by Nevada or one of its agencies, Nev. Rev. Stat. § 41.036(1) (2024) directs that you should file your claim with the Nevada Attorney General, in writing, within two years from the date you were injured. Here's a claim form you can use.

A similar rule covers Nevada political subdivisions. Nevada wants you to first file with the political subdivision's governing body, also within two years from the date of injury. (Nev. Rev. Stat. § 41.036(2) (2024).) Be sure to check the government's website for special instructions and claim forms. The City of Las Vegas, for example, has a claims FAQ page and an online claim form available.

What Your Claim Should Include

If you choose not to use a preprinted claim form, be sure your written claim includes:

• a statement of the amount of damages you're seeking
• a description of how your injuries occurred
• an explanation of why you think the government is responsible for your injuries and damages, and
• a copy of a medical report from every physician who treated or examined you.

What Happens Next?

After you file your claim with the Attorney General or the political subdivision's governing body, they'll do an investigation. While there's a chance your case will settle at this stage, don't be surprised (or disappointed) if it doesn't. Quite often, the government denies claims as a type of settlement strategy, confident that some significant number of cases will simply disappear. Claimants just get frustrated and give up—exactly what the government wants.

If your claim is denied or won't settle, you have the option to file a lawsuit. Be sure to plan your course of action with your lawyer well in advance so you have enough time to sue before the statute of limitations runs out.

Filing With the Government Isn't a Condition Precedent to a Lawsuit

In nearly all states, you must file your claim or a notice of claim with the government as a condition precedent to a later lawsuit. In other words, you can't sue the government in court unless you've first timely filed your claim, or your notice of claim, with the government you're planning to sue. You're then required to wait for some period while the government investigates your claim and decides whether to pay you or deny it.

That's not the law in Nevada. Specifically, Nev. Rev. Stat. § 41.036(3) (2024) says that filing with the government "is not a condition precedent to bringing" a lawsuit. Why is Nevada an outlier in this regard? Decades ago, Nevada law did require a notice of claim as a prerequisite to suing the government. The Nevada Supreme Court declared that requirement unconstitutional.

There is one situation where filing with the government is required as a condition of suit. When your claim is against an officer, contractor, or employee of a Nevada political subdivision, you can't sue the officer, contractor, or employee unless you first file your claim with the political subdivision. (Nev. Rev. Stat. § 41.039 (2024).)

Should You File With the Government or Go Straight to Court?

Nevada wants you to file your claim with the government before you sue. Should you do as Nevada wishes? Should you file with the government, or file in court?

It depends on your circumstances. If the statute of limitations on your personal injury lawsuit is about to expire (see below), you'll be inclined to forego government review and simply file your case in court. But if you're not pressed for time and you think there's a chance the case could settle, you might file with the government. Be sure to discuss your options with your lawyer.

Nevada's Tort Claims Act Limits Your Damages

In any personal injury or wrongful death case against Nevada, its political subdivisions, or their officers or employees, your damages are capped at $200,000. This cap applies regardless of how badly you were injured. If the government's wrongdoing leaves you quadriplegic and requiring daily lifetime nursing and home health assistance, the most Nevada or its political subdivisions must pay is $200,000.

Punitive damages—meant not to compensate you for your losses but to punish extreme or outrageous misconduct—aren't available.

(Nev. Rev. Stat. § 41.035(1) (2024).)

Get Help With Your Nevada Government Injury Claim

An injury claim against the government means a head-spinning array of rules, procedures, and deadlines. Because you're not familiar with the process, it's easy to get angry or frustrated and simply buckle under the stress. So, what's the best way to deal with it?

Hire an experienced government claims lawyer to represent you, and let them do what they do. Your lawyer understands the process and how stressful it can be for you. Most importantly, they know how to manage the case to minimize the disruptions to your life. Your lawyer's fee pays for much more than just legal expertise. It also covers your peace of mind.

When you're ready to move forward with your Nevada government injury case, here's how to find an attorney who's right for you.