The City of Las Vegas is the largest city in Nevada, home to more than 630,000 residents and over 42.2 million visitors in 2017.
Las Vegas also employs over 3,000 people in varying departments, including elected officials, emergency personnel, office staff and more.
With so many people traveling the roads, it is always possible a City employee could cause a car accident.
A Las Vegas personal injury attorney can advise you on the possible success of your claim. They can also guide you through the process. Filing an injury claim against a government employee is more complicated than one against a civilian. You will want all the help you can get.
What Is Sovereign Immunity?
Governmental or sovereign immunity dates back to English royalty. Every state has sovereign immunity laws and Nevada is no different.
This provides legal protection to federal, state, county and city government entities and their employees from lawsuits without consent.
Immunity to liability and lawsuits can be waived in certain circumstances by following proper procedures, but there are several restrictions involved.
A Las Vegas personal injury attorney can fully explain all the details involved. This process can be really confusing. The office of Lerner and Rowe has the knowledge that you need. Don’t do this alone. Let an experienced attorney help you.
Nevada Tort Claims
Personal injury claims against Nevada government entities and employees are governed by the NAC, Chapter 41. The rules under this code allows parties injured by state or government employees, officers or agents to sidestep the restrictions of immunity.
Under these rules, you can file a claim by submitting:
- A statement detailing the amount of damages you are seeking.
- A statement explaining how your injury/property damage occurred.
- Physician reports outlining treatment(s) received due to the injury.
- A statement outlining why you believe the state is responsible for the injury.
- Proof of ownership, value of property prior to the damage, cost of repairs and salvage value.
You must file your claim within two years of the accident with the Nevada State Board of Examiners. The state then evaluates and either approves, settles or denies your claim. Your claim has an automatic cap of $100,000, no matter the amount of your actual loss. Also, your award cannot include warning or punishing damages.
If your claim is denied, you now have the option to file a civil lawsuit to seek damages in court.
Las Vegas Claims Process
The State of Nevada and City of Las Vegas both have similar rules about civil claims. The process against local government and its employees starts with a written Notice of Claim submitted to the Risk Management Division of the City of Las Vegas. Complete all the information requested and attach supporting documents, including receipts, estimates, and other supporting evidence. Supporting evidence can include things like photos, diagrams and etc.
This notice of claim requests payment of damages due to an accident you believe caused by a Las Vegas employee. The City answers your claim in writing, usually within four to six weeks of your filing.
The City of Las Vegas also provides a very generous statute of limitations of two years from the date of your injury to file your claim. While generous, don’t waste your time. The sooner you file, the better. Evidence is fresher the sooner you present your case.
Hire a Top Las Vegas Personal Injury Attorney
When hurt in an accident due to the negligence of a city employee, contact a Las Vegas personal injury attorney. We are glad to help at Lerner and Rowe Injury Attorneys. Generally, you do not get a second chance at a claim against a government entity. So it is important to get it right the first time. Contact us first!
We can provide valuable legal advice based on our vast experience dealing with these types of claims. We can negotiate with the city on your behalf. Our team brings experience, skill and passion to your case. We offer free consultations and never collect a fee unless we win your case. Visit our office from 8:00 a.m. to 5:00 p.m. or use our easy online LiveChat. We are also available 24/7 to take your call at 844-977-1900. And we look forward to speaking with you.