You may know that personal injury claims are pursued in a lawsuit or negotiated out of court, but it’s a different process for claims against the government. If you are looking to sue a local government for an injury, you must follow a list of guidelines and could be limited in how much you recover. The government can be a party to an accident in many ways:
- A traffic accident with a city bus or a car driven by a state official.
- A slip & fall injury from a dangerous condition inside a government building.
- A police officer uses excessive force during an arrest.
Traditionally an injured person could not sue the government. But modern state governments allow exceptions. However, this does not mean you get to sue like you would against a private person or business. You may have a valid claim, but the government gets the first chance to decide for itself.
Claims Against the Government of Nevada
If your claim is against the government, or an employee of the government, of Nevada, you will need to file a written claim with the Attorney General’s office.
- The Attorney General’s website provides the claim form. Please note that the ordinary two-year statute of limitations for personal injury claims also applies to claims against the government.
- The form will ask for you to explain how the state is responsible for your injuries. Attach supporting documents like photographs and police reports.
- The Attorney General’s office reviews your claim and either accepts or denies it.
The state pays your damages if it accepts the claim. However, if the state denies it, you now have the option to sue in a state court.
Claims against the City of Las Vegas
A dense and busy city like Las Vegas has its fair share of injury claims against the city. Therefore, it has a separate process for handling them. You may request a claims form at the Risk Management Division at City Hall or over the phone at 702-229-4011. You may also receive a claim form from the city’s insurance adjuster at the scene of a car accident.
Completing a claim form is a similar process:
- Support your case with receipts, estimates, invoices, medical bills, photos.
- Submit it to the Risk Management Division at City Hall.
- They will investigate your claim and send you a written decision about liability. According to the city’s website, it takes 4 to 6 weeks to reach a decision.
In the meantime, the city will not offer to pay your medical bills. However, they may provide you with a rental car while your own car is repaired.
You have a right to compensation for injuries caused by the government or a government employee. You don’t have to fear living with injuries you were not responsible for just because the government makes a claim harder for you. Sam & Ash Injury Law are reputable personal injury attorneys who will make sure your voice is heard. We want to hear how we can help. Call us free any time at 1 (800) 304-2000.