[Rev. 11/21/2013 3:46:19 PM--2013]

[NAC-41 Revised Date: 4-01]

CHAPTER 41 - TORT CLAIMS AGAINST THE STATE, ITS AGENCIES AND POLITICAL SUBDIVISIONS

41.100               Claims for compensation.

41.110               Independent physicians, appraisers.

41.130               Awards for damages in tort actions.

      NAC 41.100  Claims for compensation.

     1.  In support of a claim for compensation for death or personal injury a claimant must submit:

     (a) A statement which sets forth the amount of relief sought;

     (b) A clear and concise statement which explains how the injury occurred;

     (c) Reports from all physicians who, subsequent to the claimant’s injury or to the death, treated or examined the claimant or decedent in relation to the injury for which compensation is claimed; and

     (d) A statement as to why the claimant believes the state to be responsible for the damages.

     2.  In support of a claim for compensation for loss of or injury to property a claimant must submit:

     (a) A statement which sets forth the amount of relief sought;

     (b) A clear and concise statement which explains how the property was damaged;

     (c) Proof of ownership of the property; and

     (d) A statement which lists the:

          (1) Value of the property before the damage occurred;

          (2) Cost of repairs; and

          (3) Salvage value.

     3.  A claim must be:

     (a) Typewritten or legibly handwritten;

     (b) Signed and verified by the claimant; and

     (c) Submitted in the original to the office of the ex officio clerk of the State Board of Examiners at the Blasdel Building, Capitol Complex, Carson City, Nevada 89701.

     [Bd. of Examiners, Tort Claims, §§ 1-3, eff. 12-20-79]

      NAC 41.110  Independent physicians, appraisers.

     1.  In any claim for compensation for a personal injury the board may engage an independent physician to examine the claimant.

     2.  In any claim for compensation for the injury to or loss of property the board will engage an independent appraiser to determine the extent of damage to the property.

     [Bd. of Examiners, Tort Claims, §§ 4 & 5, eff. 12-20-79]

      NAC 41.130  Awards for damages in tort actions. (NRS 41.036, 353.040)

     If a tort claim filed pursuant to NRS 41.036 against the state, any of its agencies or any of its present or former officers, employees, immune contractors or legislators:

     1.  Is for an aggregate amount that is less than the maximum allowable award for damages set forth in NRS 41.035, the attorney general shall:

     (a) Investigate the claim; and

     (b) Based on the best interest of the state, as determined by the attorney general, approve, deny or settle the tort claim.

     2.  Is for an aggregate amount that is equal to or greater than the maximum allowable award for damages set forth in NRS 41.035, the attorney general shall:

     (a) Investigate the tort claim; and

     (b) Present the claim to the state board of examiners, with the recommendation of the attorney general as to whether the claim should be approved, denied or settled.

     3.  The attorney general may, pursuant to Rule 68 of the Nevada Rules of Civil Procedure or Rule 68 of the Federal Rules of Civil Procedure, make an offer of judgment which is not more than the maximum allowable award for damages set forth in NRS 41.035 in any pending litigation.

     4.  The attorney general may pay any final judgment entered by a state or federal court on a claim against the state, any of its agencies or any of its present or former officers, employees, immune contractors or legislators, regardless of the amount of the final judgment.

     (Added to NAC by Bd. of Exam’rs by R011-00, eff. 12-22-2000)