Personal injury claims tend to be pursued by private individuals or small businesses. In certain circumstances, you may be able to bring a lawsuit against the government.
What are injury claims against the government?
Individuals who suffer injury or harm due to the actions or negligence of government agencies or employees can file a claim for compensation. These claims may arise in a variety of situations. For example, car crashes involving government vehicles and poorly maintained roads; slips and falls on government properties; medical malpractice by healthcare providers working for the government, or injuries suffered while under law enforcement agency custody.
Nevada Tort Claims Act
In Nevada, the Nevada Tort Claims Act governs all injury claims made against the government. The NTCA, like the Federal Tort Claims Act allows individuals to sue government officials for damages resulting in negligent or wrongful actions.
A notice of claim is required to be filed within 180 days after the injury or harm. The claim notice must contain a description of what happened, the type of injury or harm suffered, and the amount sought in damages. The individual can file a court case if the government agency rejects the claim.
What damages can be recovered under the NTCA
The NTCA allows individuals to seek compensation for a variety of damages. These include current and future medical costs, lost wages (both current and future), pain and suffering and property damage. There are limitations on the amount that can be recovered for an injury claim filed against the government.
The NTCA, for example, limits the amount of damages that an employee or government agency can recover to $200,000, excluding any interest. Punitive damages are not recoverable.
What Should You do if you believe that you have a valid injury claim against the government?
There are several steps you can take if you think you may have a claim for injury against the government:
Seek Medical Attention
Prioritize your health and safety. Even if your injuries seem minor, you should still consult a physician as soon as possible. It is important to seek medical attention for injuries that may not be obvious right away.
Report the Incident
Report the accident as soon as you can to the relevant government agency. You may need to notify a government worker or file a report at the risk management department of the agency. Please provide details of the incident including date, time, place, contact information for other parties involved, and any witnesses.
Collect evidence
To support your claim, gather as much proof as you can, including photographs and videos taken at the scene of the accident and witness contact information, medical records, police report, and other relevant documentation.
Consult an attorney
Contact an experienced Las Vegas personal injuries attorney who can explain your legal options and rights. The attorney will examine your case, gather evidence, and assist you in filing a claim with the government.
Filing a Claim Notice
Nevada requires that individuals who want to make a claim for injury against the government file a claim notice within 180 days after the incident. The notice will typically include a description about the incident, what happened, and how much compensation is being sought. It is important to take this step if you want to pursue compensation from the government.
You may have to file a suit if your claim is rejected or cannot be resolved through negotiation.
Do I need an attorney to file a claim for injury against the government in Nevada?
It is recommended that you hire an attorney if you want to bring a claim for injury against the government of Nevada. It can be difficult to understand the laws and procedures that govern filing a claim for government injury. A lawyer with experience can guide and represent you throughout the entire process. They can help you collect evidence to back up your claim, submit the paperwork on time, negotiate with the government agency, or file a suit if needed. Even after paying legal fees, an attorney may help you recover more compensation than you would on your own.
What to consider when suing the government for an injury
Individuals may encounter a number of issues when filing a claim with the government. Here are a few of the most common:
- Sovereign Immunity is a principle of law that prevents people from suing governments without their consent. Nevada is one of the many states that have waived sovereign immune for certain claims. However, government liability may be limited for some types of harm or injury.
- Nevada’s 180 day notice requirement can lead to the dismissal your claim .
- Limited Damages Due to state-imposed caps on damages, it is possible that you will not be able to recover enough compensation to fully cover your losses.
- Complex legal procedures: People who are unfamiliar with government processes may have difficulty navigating the legal system.
- Government Resource: Government agencies have a lot of resources and experienced defense attorneys who can fight injury claims. It can be difficult for an individual to reach a fair settlement in court or negotiate a settlement.
How long do I have to file a lawsuit against the government in Nevada?
In Nevada, a notice of claim is required to be filed within 180 calendar days after an incident. If the government rejects your claim, and you decide to sue, you have two years after the injury date. If you fail to comply, your case may be dismissed and your right to compensation lost.
Time is crucial if you believe that you may have a claim for injury against the government. Contact a trusted lawyer to arrange a consultation.
The first post Injury claims against the Government was published on Harris & Harris Injury Lawyers.