2026 Nevada Revised StatutesChapter 41 – Actions And Proceedings In Particular Cases Concerning PersonsNRS 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.

Statutory Text

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)

NV Rev Stat § 41.036 – Last Verified February 2026

Plain English Explanation

If you believe the State of Nevada or one of its agencies caused you harm through a wrongful act, you have the right to file what is called a tort claim. A tort is basically a legal term for when someone’s actions cause another person injury or loss. Under Nevada law, there are specific rules about how and where to file these claims.

You have two years from the date the harm occurred to file your claim. Miss that window and you generally lose your right to pursue it. If your claim is against the State itself or any state agency, you file it with the Nevada Attorney General. If your claim is against a local government body like a city, county, or school district, you file it with the governing body of that particular entity instead.

One important thing to know is that filing this claim is not technically required before you can file a lawsuit under NRS 41.031. In other words, the filing of the claim and the ability to sue are treated as two separate things under Nevada law.

Once a claim lands with the Attorney General, what happens next depends on the type of claim it is. The State Board of Examiners sets the rules for which claims the Attorney General has the authority to approve, settle, or deny outright. If the claim falls into one of those categories, the Attorney General handles it directly. If the claim is outside that authority, or if it needs to go before the Legislature, the Attorney General investigates it and then sends a written report of findings to the State Board of Examiners.

The State Board of Examiners is responsible for writing the regulations that spell out exactly which claims the Attorney General can handle and how that process works. This creates a structured system so that tort claims against the state are reviewed in an organized and consistent way.

Frequently Asked Questions About NRS 41.036

How long do I have to file a tort claim against the State of Nevada?

You have two years from the date the harm occurred to file your tort claim. This two year period starts from the moment the cause of action “accrues,” which generally means the date you were injured or the date you discovered the harm. If you wait too long and the deadline passes, you will likely lose your right to pursue the claim entirely.

Where do I file a tort claim against the State of Nevada?

If your claim is against the State of Nevada or any of its agencies, you file it directly with the Nevada Attorney General. If your claim is against a local government body such as a city, county, or school district, you file it with the governing body of that specific political subdivision rather than the Attorney General.

Do I have to file a tort claim before I can sue the State of Nevada?

Not necessarily. Nevada law makes it clear that filing a tort claim under this statute is not a required step before bringing a lawsuit under NRS 41.031. The two processes are legally separate from one another, so the absence of a filed claim does not automatically block you from pursuing court action.

What happens after I file a tort claim with the Attorney General?

After you file, the Attorney General reviews the claim. Depending on the type of claim and the regulations set by the State Board of Examiners, the Attorney General may have the authority to approve, settle, or deny it directly. If the claim falls outside that authority or needs to go before the Legislature, the Attorney General investigates it and submits a report to the State Board of Examiners.

Who decides what the Attorney General can approve or deny in a tort claim?

The State Board of Examiners holds that responsibility. They write and adopt the regulations that define which types of claims the Attorney General is authorized to handle and what procedures must be followed when doing so. This keeps the process consistent and ensures there is a clear framework for how state tort claims are reviewed and resolved.

If you believe you have a tort claim against the State of Nevada or a local government agency, understanding your rights and deadlines is the first step toward protecting them. Speaking with a licensed Nevada attorney who handles government claims can help you navigate the process and make sure your claim is filed correctly and on time.