No one wants to be a victim in a slip and fall accident, but when you least expect it, you could slip and fall and become seriously injured. When someone is hurt because of a slip and fall accident, it may be possible to seek damages from those who are responsible for causing the slip and fall if negligence or carelessness was involved. For instance, if you slipped and fell because someone had a duty to clean up a spill on the floor but failed to do so, and the slippery spot on the floor caused you to fall, you may have a personal injury claim based on negligence.
Slip and fall personal injury cases can be complicated, and things get even trickier if your injuries occurred on government-owned property, such as a public library, a federal park, or on the grounds of a government building. In situations in which a state or local government entity may be liable to you for your slip and fall injuries, your personal injury claim will have to be filed against the government entity that owns the land on which your accident occurred.
Getting Damages from a Government Entity After a Slip and Fall Injury
The trouble with being injured on government-owned property is that you cannot sue the government for your personal injury claim. When the negligent or careless party that caused you to slip and fall is a private entity in Nevada, you can sue that individual or entity directly for your injuries and other damages through a personal injury lawsuit. However, when the negligent or careless party that caused your slip and fall injuries is a government entity, there is a claim filing process that you must go through instead in order to get the financial compensation that you deserve. All personal injury slip and fall claims against a state or local government must be made within two years of the occurrence of the injury under the state’s statute of limitations.
When a person in Nevada has a personal injury claim against the state government, there are specific rules codified in Chapter 41 of the Nevada Annotated Code that must be followed if he or she wants to receive compensation for those injuries. The victim will be required to prove that the state, or one of its officers or employees, caused the injuries due to negligence or carelessness. The steps involved with filing a claim include:
A Written Statement: Filing a signed, written statement concerning the claim with the Nevada State Board of Examiners. The statement must describe the incident, contain an explanation of why the injured party believes that the state should be held liable, and a statement as to the amount of damages that are being sought. Medical evidence regarding the injuries should be included with the statement.
The Attorney General’s Office Reviews the Claim: Next, the state attorney general’s office reviews the claim. A decision will be made as to whether the claim is approved or denied. An approval means that the claim will be paid to the injured person. If the claim is denied, then the injured party has the option to pursue damages through the courts.
Trying to recover damages from a governmental entity for personal injuries related to a slip and fall accident can be tough. Reach out to the team at Parry & Pfau about your government property personal injury claim. We are happy to schedule a free consultation with you.
(image courtesy of Dino Reichmuth)