Nevada
“No person should be above the law, and no person should be below the law.”
~Theodore Roosevelt
“No person should be above the law, and no person should be below the law;” Theodore Roosevelt said it, and Brett Carter lives it. From his earliest years, Brett saw the power of standing up against adversity in the struggle for justice. His father served in the Air Force as a Judge Advocate General. Because his family moved around so much, Brett was the perennial “new kid,” an automatic target for bullies. Because of this, his favorite story is David vs. Goliath, where skill and faith can win against overwhelming odds.
Brett earned his undergraduate degree in business administration from UNLV before going on to receive his Juris Doctor from Willamette University School of Law. In 1996, he joined John Bertoldo in practice and immediately devoted himself to the practice of personal injury and wrongful death law. Those who have suffered traumatic spinal and head injuries, who have lost limbs, who have endured disfigurement, disability and chronic pain, have found their advocate in Brett.
Determined to help his clients to the best of his ability, Brett took his fascination with medicine and used it to learn about the best medical providers and treatments for each type of injury. He considers his drive and ability to outwork his opponents a necessary asset. And, beyond all that, beyond the science and the law, he comes to know his clients as people—concerned, overwhelmed, frightened, hurting physically and financially, on a journey they didn’t choose—and comes to see them as family. As Brett tells his clients, “We’re in this together.”
This effort and commitment to go the extra mile (and then some) led Brett to Ironman competitions and ultra-long distance mountain running. To Brett, nothing worth attaining comes without struggle. And nothing is more satisfying, life-affirming, and inspiring than hitting the finish line, especially when the finish line means achieving justice for his clients and their families.
In his free time, Brett enjoys spending time with family, challenging himself with mountain ultradistance trail running, biking, skiing, and participating in community events.
Brett earned his Bachelor of Science in Business Administration with a focus on marketing from the University of Nevada, Las Vegas. He went on to receive his Juris Doctor from Willamette University School of Law in Salem, Oregon, graduating in 1996.
While in law school, Brett further expanded his legal perspective through an international law summer program involving the College of William and Mary Law School, the University of London, and the University of Exeter.
In 1996, Brett joined John Bertoldo in practice and immediately devoted himself to personal injury and wrongful death law. From the outset of his career, he focused on representing individuals who had suffered catastrophic harm and needed a determined advocate to stand between them and powerful defendants.
Brett has spent his entire legal career representing plaintiffs in serious personal injury and wrongful death matters. He is especially known for advocating on behalf of clients who have suffered traumatic spinal injuries, traumatic brain injuries, amputations, disfigurement, permanent disability, and chronic pain.
Driven by a fascination with medicine, Brett has invested significant time learning about injury mechanisms, treatment options, and the best medical providers for each type of case. This knowledge allows him to more effectively present complex medical issues and secure the care and compensation his clients need.
Beyond the science and the law, Brett builds deep relationships with the people he represents. He understands that his clients are often frightened, overwhelmed, and facing a future they never chose. His approach is rooted in empathy, preparation, and an unshakable commitment to justice.
His practice includes representation in cases involving:
“Protecting the integrity of the physician-patient privilege is, obviously, of utmost importance, in line with the necessity to preclude ex parte communication between treating physicians and other medical witnesses who will be testifying in their individual expert capacities. Otherwise minimizing or waiving such preclusions can undermine these inherent relationships.”
“Standing on the start line as the predawn light reveals shadows, it is too late to use the restroom once more, too late to second guess that small breakfast, and much too late to prepare for today. Whether 50 miles remain ahead in which to run through the cold, imposing mountains at 9,000 feet elevation, or whether it is seven days of stressful, sleepless nights for the Johnson versus Silver Casino, adrenalin rages and anxiety paces.”
“Traumatic brain injury (TBI) occurs when an external mechanical force causes brain dysfunction. TBI usually results from a violent blow or jolt to the head or body. Injury may include one or more of the following factors: Damage to brain cells may be limited to the area directly below the point of impact on the skull. A severe blow or jolt can cause multiple points of damage because the brain may move back and forth in the skull. A severe rotational or spinning jolt can cause the tearing of cellular structures.”
“It is New Years Eve, and the young Anderson family traverses a crosswalk in the vibrant and transient city of Las Vegas. They are headed to grandmother’s house for a holiday celebration with loved ones. However, unbeknownst to mom, dad and the kids, an inattentive Uber driver operates his Prius while reading a potential passenger notification. Distracted; the vehicle carelessly and violently collides with dad and six year old Holly, causing fatal injuries to Holly and serious and debilitating injuries to dad with medical bills in excess of $500,000. Uber, a Transportation Network.”
“It wasn’t until 2012 when we heard the term in Nevada, the mode of operations, a legal variation to the traditional approach to premises liability. Customarily, a business will only be held liable for a dangerous condition on its floor (e.g., foreign substance) caused by someone other than an employee when the business had actual or constructive notice of the condition and failed to remedy or warm of it.”
“Lance Armstrong responded to a deposition question on whether he had ever used performance enhancing drugs by stating, “I have never doped. I can say it again, but I’ve said it for seven years.” The attorney taking the deposition almost believed him.”
“Serving as a limited waiver of sovereign immunity, the FTCA provides the exclusive remedy for recovery against the United States for common law torts committed by federal employees acting within the scope of their employment.”
“Minimizing or otherwise avoiding frivolous lawsuits was one intention of the legislature when passing the affidavit requirement portion of Nevada’s medical malpractice reform. Barnes, therefore, provides precedent on how Nevada weighs the rational basis and constitutionality of its laws. Indeed, the affidavit of merit requirement in Barnes could not even survive the lowest level of scrutiny — the ‘rational basis’ test.”
“Just as attorneys are embracing presentation technology inside courtrooms, more attorneys are taking advantage of presentation technology — including video — for settlement and mediation. Over the past two decades, the settlement documentary has been honed by plaintiff’s attorneys working with production companies into an indispensible tool for pre-trial negotiation.”
“You come to learn that following the accident Jane made claims on behalf of the children to the Mississippi insurer, a national insurance company that also writes policies in Nevada. The insurer denied their claims based upon the policy’s Family Member Exclusion.”
“Bike riding or “cycling” is a fun, exciting and environmentally friendly pastime. Whether it’s a means of travel to and from work, a jaunt around the neighborhood by oneself or with the family, or a breakaway from the peloton, bicyclists and motor vehicles do not always pair well. Safety considerations are critical.”
“According the Center for Diseases, preventable medical error was the third leading cause of death in the United States with over 440,000 people dying. Accidents were fifth with over 130,000. Medical errors undermine the integrity and reliability of our American medical health care system.”
“While each situation has its own variables, and there’s no right answer for everybody, one thing holds true: it takes two to tango (two to dance or two to get a deal done). Settlements can only occur when the wrongdoer or wrongdoer’s insurance agrees to pay an amount enough to resolve the case. What is the right amount? Should I take that offer?”
“Julian Mantle was thought to have had it all, most ardently by his number one fan, himself. He was one of the most distinguished trial lawyers in the country—a tireless advocate. His clothes hung impeccably upon his well-fed frame. He commanded attention and exuded the utmost confidence.”
“To some it may seem oxymoronic to question whether lawyers cheat. Actually, however, licensed lawyers must strictly follow ethical rules mandated by their State Bars, the licensing bodies that allow lawyers to practice law. Violate ethical rules and a license can be taken away.”
