Brett A. Carter

“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.

Education

• Willamette University School of Law, Salem, OR; Juris Doctorate, 1996
• William and Mary Law School/University of London/Exeter; International Law – Summer Program, 1995
• University of Nevada, Las Vegas; Bachelor of Science in Business Administration, Marketing, 1993

Continuing Education

• College of Advocacy, University of California, Hastings College of Law
• Continuing Legal Education, exclusively directed towards personal injury law and ethics (full list available through Nevada State Bar)

Admitted to Practice

• State of Nevada
• All State and Federal Courts of Nevada
• Ninth Circuit Court of Appeals

Professional Memberships

• Nevada Justice Association
• Clark County Bar Association
• Nevada State Bar
• American Association of Justice
• Multi-Million Dollar Advocates Forum
• Million Dollar Advocates
• Super Lawyers

Awards & Accolades

• The National Trial Lawyers Trucking – Top 10
• Top Attorneys in the Mountain States
• Top 100 Lawyers, My Vegas Magazine Readers’ Choice Awards
• Martindale-Hubbell® AV Preeminent® Rating
• Las Vegas’ Top Lawyers, Real Vegas Magazine, 2019
• Trial Lawyers Association Top 25 Medical Malpractice Trial Lawyers, 2018
• Selected for inclusion in the 2018 Mountain States Super Lawyers® list
• Top 100 Lawyers, Readers’ Choice Awards, 2017, Vegas Magazine
• Legal Excellence Award, Vegas Legal Magazine, 2016
• America’s Top 100 Attorneys Lifetime Achievement Member, 2016
• National Academy of Person Injury Attorneys Top 10 Attorney Award, 2015
• American Society of Legal Advocates Top 100 Litigation Lawyer, Nevada, 2015
• Vegas Inc. Best of the Best Top Attorney Award, 2013
• The National Trial Lawyers, Top 100 Trial Lawyers, 2011
• Telly Award for Settlement Documentary, 2005

Professional Appointments & Positions

• President of the Nevada Justice Association (NJA), 2019 to 2020
• Board of Governors Member for Citizens for Justice (CFJ), 2012 to present
• Executive Board Member of the NJA, 2009 to present

Speaking Engagements

• July 2021- Opening Statements in Trial
• November 2020 - How Not to Trip Up Your Premises Liability (Slip/Fall) Case
• October 2020- Business and Covid Podcast
• May 2019, When Two Worlds Collide: Personal Injury and Bankruptcy; Nevada Justice Association CLE – Brett Carter and Marjorie Guymon
• November 17, 2017, How to Deal with Deceitful Defense Attorneys; Nevada Justice Association CLE
• November 18, 2014, Effective Deposition Preparation and Execution in a Nutshell; Nevada Justice Association Club X Lunch Seminar
• June 12, 2013, IME vs. Treating Physician – Spine Surgery; Clark County Bar Association CLE
• January 17, 2013, Initial Intake Procedure and Managing Client Expectations, Nevada Justice Association CLE, Young Lawyers Section
• September 24, 2011, Pretrial; Nevada Justice Association, 2011 Convention
• October 16, 2010, Medical Malpractice Track; Nevada Justice Association, 2010 Convention
• January 15, 2010, Direct and Cross-Examination of Medical Examiners; Clark County Bar Association
• June 10, 2009, Effective Use of Medical Records; Nevada Justice Association
• February 19, 2009, Personal Injury Update: The Skinny on Accident Reconstruction and Biomechanics; Clark County Bar Association
• September 19, 2007, Personal Injury Update: The Skinny on Accident Reconstruction and Biomechanics CLE Seminar; Clark County Bar Association

Publications

• Brett Carter, Ex’d Out – Preventing the Defense from Ex Parte Communication With Medical Providers During Litigation; Advocate, Jan/Feb 2019

“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.” Click the link below to continue reading…

• Brett Carter, Four Steps to Overcoming Work-Day Anxiety in Ultra-Lawyering, Advocate, Jan/Feb 2018

“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.” Click the link below to continue reading…

• Brett Carter, Traumatic Brain Injury and Endocrine Dysfunction, Advocate, Jan/Feb 2017

“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.” Click the link below to continue reading…

• Brett Carter and Jared Clark, Uber Excited? Nevada’s New Laws Regarding Transportation Network Companies, Advocate, Jan/Feb 2016

“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.” Click the link below to continue reading…

• Brett Carter, The Mode of Operations Approach in Premises Liability Cases, Advocate

“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.” Click the link below to continue reading…

• Brett Carter, “You’re Tellin’ Me Everything” How to Discover the Liar, Advocate, March/April 2013

“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.” Click the link below to continue reading…

• Brett Carter, The FTCA vs. Nevada’s Statutes of Limitations (and ‘Repose’?), Advocate, Feb/March 2012.

“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.” Click the link below to continue reading…

• Brett Carter, When The Student Is Ready, The Teacher Appears Book Review: The Monk Who Sold His Ferrari by Robin S. Sharma, Advocate, Jan/Feb 2011.

• Brett Carter and George Hand, “Nevada’s Med Mal Tort Reform: Will It Survive Constitutional Scrutiny?, Communique, November 2010, Vol. 31, No. 11.

“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.” Click the link below to continue reading…

• Brett Carter, Rob Feldman, and Keiko Feldman, Lights, Camera, Mediation! Creating a Video Settlement Documentary That Gets Results, Advocate, Jan/Feb 2010, Volume 34, No. 1.

“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.” Click the link below to continue reading…

• Brett Carter, Don’t Take ‘No Coverage’ for an Answer: Nevada’s Public Policy vs. The World, Advocate, Jan/Feb 2009, Volume 33, No. 1.

“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.” Click the link below to continue reading…

• In the Event of a Bike Crash, What Every Rider Should Know

“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.” Click the link below to continue reading…

• Third Leading Cause Of Death Is Medical Error. What Are Your Rights In Nevada?

“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.” Click the link below to continue reading…

• Should I Settle or Should I Go to Court Now?

“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?” Click the link below to continue reading…

• Book Review: The Monk Who Sold His Ferrari

“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.” Click the link below to continue reading…

• Do Lawyers Cheat?

“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.”

Interests and Hobbies

• Medicine, Mountain Ultra-Running and other Endurance Sports/Activities, Adventure, and Vegas Golden Knights.