Sustaining injuries in a slip-and-fall accident caused by the negligence of an individual or business gives you the right to file a claim against them. The personal injury case in these situations are straightforward, and a slip-and-fall lawyer in Las Vegas can be invaluable in this situation.
However, things get more complicated when you suffer a slip-and-fall accident on government property in Nevada. Filing a personal injury claim against the government is different as you need to first file a tort case.
This can be challenging and nerve-wracking for the injured party and their loved ones, so consulting an experienced Nevada slip and fall attorney is crucial to help you navigate this process.
Understanding Negligence in Slip-and-Fall Accidents
No matter where you sustained injuries in a slip and fall accident, proving the property owner’s negligence is crucial to file a claim. You have to show:
- The property owner or employees had the duty to implement safety measures on the property
- They neglected their duties to ensure the property was safe for everyone
- This breach of duty lead to your injuries
This shows that even if the slip and fall accident occurred on government property, they might not be automatically responsible for the injuries. It is essential to prove the government entity’s negligence to pursue a case.
Challenges in Slip and Fall Claims on the Government Property in Nevada
A slip-and-fall accident happens due to various factors, such as slippery surfaces, uneven walkways, poorly maintained premises, inadequate lighting, or hazardous weather conditions. When the government fails to uphold this duty and negligence, leading to an injury, an expert Las Vegas slip and fall lawyer can assist victims in pursuing a compensation claim. However, the process is complex.
In Nevada, injury claims against the government are overseen by the Nevada Annotated Code (NAC) Chapter 14. This principle allows the injured party to hold government entities, including government employees, agents, and officers, responsible for maintaining safe premises for everyone.
Sovereign immunity, which grants immunity to the government from certain lawsuits, can be a significant obstacle for claimants. However, Nevada law allows for exceptions to sovereign immunity, making it possible to pursue compensation for injuries caused by the government’s negligence.
Filing a claim against the government requires strict adherence to specific procedures and deadlines. A slip and fall lawyer attorney in Nevada can navigate these complexities and ensure the claim is correctly filed within the time limit.
Steps to File a Slip and Fall Case against the Government in Nevada?
You must adhere to a strict process of filing a tort claim for the slip and fall accident. The first step is to write and send a claim letter detailing the accident to the Nevada State Board of Examiners. This letter must include:
- A thorough account of how the slip and fall accident happened and the injuries sustained
- Strong reasoning of why the negligence of the state caused the accident
- The damages amount you hope to recover
- Copies of all medical reports, including the contact details of the physician
If any of these details are not included in the letter, they may be rejected or returned. Therefore, consulting an expert slip and fall lawyer in Las Vegas is crucial to ensure the letter includes accurate and detailed information.
After the letter has been filed, the Nevada Attorney General’s office will review it. If your claim gets approved, you will recover the compensation, but if the claim is denied, you won’t recover any compensation.
You have the right to file a slip and fall accident case in the civil court if the state has denied the claim. However, this is another difficult process and requires the expertise of a Nevada slip and fall attorney.
Limits on Damages
Even if you win the slip-and-fall case against the government, there might be a statutory limit on the amount you can receive. These limits might be different for each type of government entity.
In Nevada, the damages are limited or capped to $100,000 for each personal injury claim. Moreover, you can only recover specific damages, like lost wages, rehabilitation costs, and medical bills, but the government has immunity from general damages, like loss of enjoyment and pain and suffering.
Consult a Slip and Fall Lawyer in Las Vegas Right Away!
Slip-and-fall accidents on government property can have devastating consequences, leaving victims with physical, emotional, and financial burdens. If you or a loved one has suffered such an incident, consulting a skilled slip-and-fall lawyer in Nevada is essential to pursue the compensation you deserve.
Understanding the legal intricacies involved in addressing slip and fall claims on government property in Nevada can significantly strengthen your case and increase the chances of a successful outcome.
The Bourassa Law Group understands how overwhelming it can be to consider filing a case against the government. Therefore, our experienced Las Vegas slip-and-fall attorneys guide you from the start to the end of the case while ensuring your rights are protected. We ensure you recover the damages you deserve for your injuries.
Give us a call now at 800-870-8910 to book your free consultation.
1-800-870-8910