NRS 41.036 Miscellaneous Provisions

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NRS 41.036  Filing tort claim against State with Attorney General; filing tort claim against political subdivision with governing body; review and investigation by Attorney General of tort claim against State; regulations by State Board of Examiners.

1.  Each person who has a claim against the State or any of its agencies arising out of a tort must file the claim within 2 years after the time the cause of action accrues with the Attorney General.

2.  Each person who has a claim against any political subdivision of the State arising out of a tort must file the claim within 2 years after the time the cause of action accrues with the governing body of that political subdivision.

3.  The filing of a claim in tort against the State or a political subdivision as required by subsections 1 and 2 is not a condition precedent to bringing an action pursuant to NRS 41.031.

4.  The Attorney General shall, if authorized by regulations adopted by the State Board of Examiners pursuant to subsection 6, approve, settle or deny each claim that is:

(a) Filed pursuant to subsection 1; and

(b) Not required to be passed upon by the Legislature.

5.  If the Attorney General is not authorized to approve, settle or deny a claim filed pursuant to subsection 1, the Attorney General shall investigate the claim and submit a report of findings to the State Board of Examiners concerning that claim.

6.  The State Board of Examiners shall adopt regulations that specify:

(a) The type of claim that the Attorney General is required to approve, settle or deny pursuant to subsection 4; and

(b) The procedure to be used by the Attorney General to approve, settle or deny that claim.

(Added to NRS by 1965, 1414; A 1969, 1117; 1979, 629; 1981, 1885; 1983, 103; 1993, 1502; 1997, 280)

Nevada Revised Statutes (NRS) Chapter 41, Section 036

Plain English Explanation

In Nevada, anyone who believes the State or one of its agencies has wronged them must first submit a written claim to the Attorney General within two years of the incident. If the claim is against a county, city or other political subdivision, you file with that local governing body instead, still within two years.

Sending in that claim doesn’t replace your right to sue later under the general rules. Once a claim lands on the Attorney General’s desk, the office either settles, denies or approves it if state regulations allow. If those rules don’t let the Attorney General handle the claim directly, the office investigates and then reports its findings to the State Board of Examiners.

That Board sets the details, which claims the Attorney General can resolve on the spot and exactly how those decisions get made. This process gives the government fair warning of potential lawsuits and a chance to review claims before they head to court.
Sources

Overview of NRS 41.036

Nevada Revised Statute 41.036 serves as a cornerstone of government accountability in the state, establishing comprehensive procedures for filing tort claims against state and local government entities. From the bustling streets of Las Vegas to the governmental offices in Carson City, this statute affects every claim against public agencies and political subdivisions throughout Nevada. Enacted in 1965 and last updated in 1997, the law carefully balances citizens’ rights to seek compensation with the government’s need for organized claim processing. Whether dealing with a state agency in Carson City or a local municipality in Clark County, understanding these requirements is essential for anyone considering legal action against a government entity. The statute not only sets strict timelines for filing claims but also outlines specific procedures for how these claims must be processed and resolved.

Key Details:

• Effective Date: 1965
• Last Updated: 1997
• Jurisdiction: State of Nevada
• Filing Deadline: 2 years
• Primary Purpose: Establish tort claim procedures

Key elements of the statute

The two-year limitation period serves as a critical deadline for anyone seeking compensation from Nevada government entities. Whether you’re filing a claim against the Las Vegas Metropolitan Police Department or the Reno Public Works Department, this statute of limitations applies uniformly. The filing timeline begins when the cause of action accrues, meaning from the date of injury or when the injury was discovered.

Filing location requirements vary depending on whether your claim involves state or local government. Claims against Nevada state agencies must be submitted to the Attorney General’s office in Carson City. However, claims against local entities like the City of Henderson or Clark County must be filed with their respective governing bodies. This distinction is crucial for proper claim processing.

The statute also outlines the Attorney General’s authority in reviewing and settling claims. For qualifying cases not requiring legislative approval, the Attorney General can approve, settle, or deny claims directly. This streamlined process helps resolve straightforward cases more efficiently while ensuring proper oversight of state resources.

Practical application

Consider a scenario where a visitor slips and falls at a Nevada state park near Las Vegas. They must file their claim with the Attorney General’s office within two years of the incident. The Attorney General’s office then investigates the claim, potentially leading to settlement if negligence is clear and the claim doesn’t require legislative approval.

In another example, if a Reno city maintenance vehicle damages private property, the owner must file their claim with the Reno City Council within two years. The city’s governing body then processes the claim according to local procedures while adhering to state law requirements.

Related case law

Smith v. State of Nevada

• Citation: 112 Nev. 253 (1996)
• Holding: Strict enforcement of filing deadline
• Impact: Established precedent for timing requirements
• Key Finding: Late claims face dismissal

Martinez v. Clark County

• Citation: 123 Nev. 531 (2007)
• Holding: Proper notice requirements clarified
• Impact: Defined standards for claim submission
• Key Finding: Specific filing procedures must be followed

Frequently asked questions about miscellaneous provisions (NRS 41.036)

What happens if I miss the two-year deadline to file a tort claim?

Missing the two-year filing deadline typically results in the complete dismissal of your claim. Nevada courts strictly enforce this timeline as established in NRS 41.036(1). Very few exceptions exist, and they typically involve extraordinary circumstances such as fraud or concealment by the government entity.

Can I still sue if I file my claim late?

Generally, filing after the two-year deadline will bar your claim entirely. Courts consistently uphold this limitation as outlined in NRS 41.036(3), except in rare cases involving fraud or active concealment by the defendant. It’s crucial to consult with a Nevada personal injury attorney promptly after any incident involving a government entity.

Related statutes

• NRS 41.031 – State Liability Framework: Establishes basic parameters for government liability
• NRS 41.032 – Immunity Provisions: Details when governments cannot be sued
• NRS 41.0337 – Legal Defense Requirements: Outlines representation rules