Nevada Administrative Code Chapter 41 - Tort Claims Against the State, Its Agencies and Political Subdivisions
Here’s an overview of Nevada Administrative Code (NAC) Chapter 41 — Tort Claims Against the State, Its Agencies and Political Subdivisions, which governs how individuals may file tort claims against the State:
📄 Key Sections
§ 41.100 – Claims for Compensation
Injury or death claims require submission of:
The amount of relief sought,
A clear description of how the harm occurred,
Medical reports from all treating physicians,
A statement explaining why the State is liable.
Property damage claims require:
The amount of relief sought,
A description of how the property was damaged,
Proof of ownership,
An assessment of pre-damage value, repair costs, and salvage value.
Format requirements:
The claim must be typed or clearly handwritten, signed and verified, and filed with the State Board of Examiners’ clerk in Carson City (id.scribd.com).
§ 41.110 – Independent Physicians and Appraisers
For personal injury claims, the Board may use an independent physician to examine the claimant.
For property damage claims, the Board will hire an independent appraiser to evaluate the damage (id.scribd.com).
§ 41.130 – Awards for Damages in Tort Actions
Defines how claims are handled depending on their size:
Claims below the NRS 41.035 cap:
The Attorney General investigates and either approves, denies, or settles them (law.cornell.edu).
Claims at or above the cap:
Must be submitted to the State Board of Examiners, with the AG's recommendation (law.cornell.edu).
Offers of judgment:
The AG may make an offer under Rule 68 (state or federal civil procedure) up to the damage cap (id.scribd.com).
Payment of final judgments:
The AG may pay any final court judgment against the State or its officials, regardless of the amount (law.cornell.edu).
🧾 Related Law & Procedures
NAC Chapter 41 operates under the Nevada Revised Statutes—primarily NRS 41.035 (damage limits) and 41.036 (filing procedures), among others (law.cornell.edu).
Claims must be filed using the State’s designated form through the Office of the Attorney General, in compliance with procedures overseen by the Board of Examiners (id.scribd.com).
✅ Next Steps
If you’re considering filing a tort claim:
Check NRS 41.035 to see the current maximum damage limit.
Prepare your claim with the required information (damages, causes, documentation).
File via the official claim form with the Attorney General’s office.
The AG investigates — handling the claim internally if it's below the statutory cap, or sending it to the Board of Examiners if it meets or exceeds the cap.
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