Nevada Revised Statutes 422.293001 – Subrogation: Notice to Department of recipient’s claim; statute of limitations tolled until notice received
1. A recipient, upon assertion of a claim against a third party to which the Department is subrogated pursuant to NRS 422.293, or the attorney of the recipient, upon agreeing to represent the recipient, shall provide written notice to the Department in the manner provided in subsection 2.
Terms Used In Nevada Revised Statutes 422.293001
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
2. The notice provided pursuant to subsection 1 must include, without limitation:
(a) The name of the recipient;
(b) The social security number of the recipient;
(c) The date of birth of the recipient;
(d) The name of the attorney of the recipient, if applicable;
(e) The name of any person against whom the recipient is making a claim, if known;
(f) The name of any insurer of any person against whom the recipient is making a claim, if known;
(g) The date of the incident giving rise to the claim; and
(h) A short statement identifying the nature of the recipient’s claim or the terms of any settlement, judgment or award.
3. Any statute of limitations applicable to any claim or action by the Department is tolled until such time as the Department receives the notice required by this section.
4. As used in this section, ‘claim’ means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured.