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What is a Tort Case, and What does it Involve in Nevada?

A tort case involves a legal claim brought by an injured party to seek compensation or damages for a tort. A tort is a civil wrong; it is an action that results in personal injury, property damage, psychological injury, financial loss, or any other type of loss to another party. In Nevada, the District Court and Small Claims Court hear tort cases, depending on the amount involved. Claims that do not exceed $7500 are typically settled in Small Claims Court, while parties must file claims of $10000 and more in the District Court. Persons who have valid/legal claims are eligible to file tort cases in Nevada.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

  • The name of the person involved in the record, unless said person is a juvenile
  • The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

What is Nevada Tort Law?

The Nevada Tort Claims Act addresses tort claims brought against the state, its political subdivisions, state agencies, and other government entities. It lays out guidelines for compensation claims, including the legal requirements for filing a claim. It also addresses issues such as limitations on damages award, eligibility to file claims, liability, and other particular proceedings. The Rules of Civil Procedure offer guidelines for tort cases between individuals or parties. It addresses action commencement, service process, orders, motions, and pleadings.

What Kinds of Cases are Covered by Tort Law in Nevada?

There are three significant types of tort cases that the Nevada Tort Laws cover:

  • Negligence tort: a negligence tort occurs when a person sustains loss or injury due to another person’s failure to act. Types of negligent tort are:
    • Ordinary negligence: this arises when a person sustains an injury due to another person’s refusal to act with reasonable prudence or care.
    • Negligence per se: if the defendant causes the plaintiff loss or injury by violating state laws designed to protect the plaintiff from such acts.
    • Gross negligence: a gross negligence tort arises when the degree of negligence is so great that it causes loss or injury to another person.
    • Comparative negligence considers the plaintiff’s negligence and how much it contributed to the plaintiff’s injury in a negligence tort case.
  • Intentional tort: Intentional torts are deliberate, wrongful acts that cause injury to another person. Personal injury torts, such as assault and battery, are types of intentional tort.
  • Strict liability tort: if a defendant manufactures, sells, or distributes a defective product that causes injury to the plaintiff, or if a defendant engages in a dangerous activity that causes injury to the plaintiff, it is a strict liability tort.

Other types of tort include:

  • Nuisance: when the defendant unlawfully or unreasonably uses the plaintiff’s property
  • Defamation: when a defendant makes harmful statements about the plaintiff.

What are the Differences Between Criminal Law and Tort Law in Nevada?

Criminal law and tort law are two sides of a coin. The state instituted both laws to maintain law and order in society by promoting accountability and restitution. While criminal law aims to protect society by penalizing persons who violate state and municipal laws, tort law seeks to offer restitution to victims of crimes or statute violations. A single act can result in both a crime and a tort; however, both matters will be treated separately. The court may penalize the offender under criminal law, but the offender will also be liable for damages to the victim under tort law.

What is the Purpose of Tort Law in Nevada?

Tort law offers a legal framework within which victims of wrongful acts may seek compensation for the losses, damages, or injuries sustained due to other parties’ actions or negligence. Tort law shifts the responsibility for the damages and losses sustained from the victim to the offending party.

What is a Tort Claim in Nevada?

A tort claim is a legal claim for damages that an injured party brings against the person who is liable or legally responsible for the injury, loss, or damage, be it physical, monetary, or psychological, that the claimant has suffered. A tort claim is different from a lawsuit as it is an informal notice that may result in an informal settlement.

How Do You File a Tort Claim in Nevada?

Interested parties may file a tort claim in Nevada by completing a Complaint or Tort Claim Form and filing it with the District Court Clerk or the Small Claims Court, depending on the amount involved. Interested parties may file claims of no more than $7500 in the Small Claims court and claims over $10,000 in the District Court. If the claim is against the state, the claimant may file the complaint with the Attorney General’s Office. The statute of limitations for personal injury tort claims in Nevada is two (2) years.

What Does a Tort Claim Contain in Nevada?

Parties interested in filing a tort claim in Nevada must submit a written claim form that contains:

  • The plaintiff’s name, address, and other contact details
  • Plaintiff’s birth date
  • The defendant’s name, residential address, and office address if the defendant is a business
  • The claim or damages amount that the plaintiff seeks to recover
  • A detailed description of the injury or loss sustained and the event that led to it.
  • A medical report for claims that involve physical injury.
  • A property valuation for claims that involve property damage.
  • Repair costs
  • Salvage value
  • The plaintiff or claimant’s signature

What Happens after a Tort Claim is Filed in Nevada?

After filing a tort claim, the plaintiff must also file a summons and ensure that the defendant receives the summons and copies of the claim notice. The plaintiff may use a process server, sheriff service, certified mail, or personal delivery to serve the summons to the defendant. The defendant must verify receipt and file a response or a counterclaim with the court clerk. The plaintiff and the defendant may then begin discovery in preparation for a hearing.

If the defendant is the government, the Attorney General’s office will review the plaintiff’s claim to determine its validity. If the Attorney General’s office determines that the claim is valid and approved, the state will pay the plaintiff damages. If the Attorney General’s office denies the claim, the plaintiff may seek redress by filing a civil lawsuit.

Why Do I Need a Personal Injury Lawyer for a Tort Claim?

Parties in a tort claim case may be self-represented as the law makes no legal requirement for a personal injury lawyer. However, hiring a lawyer may increase the chances of a favorable outcome for case parties. Personal injury lawyers protect case parties’ interests and assist with filing claim notices, information gathering, and damages negotiation.

How Can I Find a Personal Injury Lawyer Near Me?

The State Bar of Nevada offers a Lawyer Referral Service that allows interested parties to search for lawyers in the state. Additionally, interested parties may search third-party websites for information about finding personal injury lawyers in any part of the state. Interested parties may also contact local law firms to find personal injury lawyers or possible recommendations.

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