Injury Claims Against The Government

Personal injury claims are typically thought of as being pursued against private individuals or businesses. However, it may be possible to file a claim against the government in certain situations.

Injury Claims Against The Government

What Are Injury Claims Against the Government?

Injury claims against the government are claims for compensation made by individuals who have suffered injury or harm as a result of a government agency or employee’s actions or negligence. These claims can arise from a wide range of situations, including car accidents involving government vehicles or poorly maintained roads, slip and falls on government property, medical malpractice by government healthcare providers, and injuries sustained while in the custody of law enforcement agencies.

Nevada Tort Claims Act

The Nevada Tort Claims Act (NTCA) is the state law that governs injury claims against the government in Nevada. Like the Federal Tort Claims Act, the NTCA allows individuals to sue the government for damages resulting from the negligent or wrongful acts of state or local government employees.

Under the NTCA, a notice of claim must be filed with the appropriate government agency within 180 days of the injury or harm. The notice of claim must include a description of the incident, the nature of the injury or harm, and the amount of damages being sought. If the government agency denies the claim, the individual may file a lawsuit in court.

What Damages Can Be Recovered Under the NTCA?

Under the NTCA, individuals may seek compensation for a wide range of damages, including current and future medical expenses, current and future lost wages, pain and suffering, and property damage. However, there are limits on the amount of damages that can be recovered in an injury claim against the government.

For example, the NTCA limits the total amount of damages that can be recovered against a government agency or employee to $200,000, excluding interest and punitive damages cannot be recovered.

What Should You Do if You Believe You Have a Valid Injury Claim Against the Government?

If you believe you have an injury claim against the government, there are several steps to take:

Seek Medical Attention

Your health and safety should be your top priority. See a doctor as soon as you leave the scene, even if you think your injuries are minor. Some injuries may not show symptoms right away, and it is critical to get a medical evaluation to ensure that you receive the appropriate treatment.

Report the Incident

Report the accident to the appropriate government agency as soon as possible. This may include notifying a government employee or filing a report with the agency’s risk management department. Be sure to provide a detailed account of the incident, including the date, time, location, and contact information for others involved and witnesses (if applicable).

Collect Evidence

Gather as much evidence as possible to support your claim, including photos and videos from the scene of the accident, witness contact information and statements, medical records, police reports, and any other relevant documentation.

Consult an Attorney

Contact an experienced personal injury attorney in Las Vegas who can help you understand your legal rights and options. They will review your case and can gather evidence and help you file a claim against the government if necessary.

File a Notice of Claim

Nevada requires individuals who wish to file an injury claim against the government to file a notice of claim within 180 days of the incident. This notice typically includes a description of the incident, the nature of the injury or harm, and the amount of damages being sought. This is a crucial step in pursuing compensation from the government.

If your claim is denied or unresolved through negotiation, you may need to file a lawsuit.

Do I Need an Attorney to File an Injury Claim Against the Government in Nevada?

While it is not required to have an attorney to file an injury claim against the government in Nevada, it is highly recommended. The laws and procedures for filing a government injury claim can be complex. An experienced attorney can provide guidance and representation throughout the process. They will help you gather evidence to support your claim, file the appropriate paperwork within the deadlines, and negotiate with the government agency or file a lawsuit if necessary. With an attorney’s help, you may be able to recover more compensation, even after legal fees, than you could on your own.

Potential Issues When Suing the Government for an Injury

There are several potential issues that individuals may face when pursuing a claim against the government. Here are some of the common ones:

  • Sovereign Immunity: Sovereign immunity is a legal principle that generally prevents individuals from suing the government without the government’s consent. While many states, including Nevada, have waived sovereign immunity for certain types of claims, there may still be limitations on the government’s liability for certain types of injuries or harm.
  • Notice Requirements: Failure to comply with Nevada’s 180-day notice requirements can result in the dismissal of your claim.
  • Limited Damages: Due to the state’s caps on damages, you may not recover enough compensation to cover your losses entirely.
  • Complex Legal Procedures: Individuals who are not familiar with government procedures may find it difficult to navigate the legal system.
  • Government Resources: Government agencies often have significant resources and skilled defense attorneys to fight against injury claims. As a result, it can be challenging for individuals to negotiate a fair settlement or to win a case in court.

How Long Do I Have to File a Lawsuit Against the Government in Nevada

A notice of claim must be filed within 180 days of an incident in Nevada. However, if the government denies your claim and you choose to pursue a lawsuit, you must do so within two years from the date of the injury. Failure to do so can result in your case being dismissed, and your right to recover compensation is lost.

If you have suffered harm and believe you have an injury claim against the government, time is of the essence. Arrange a free consultation with a trusted attorney today.