The Cost of Not Retaining Nevada Counsel
It's hard to explain and it seems cold. When a client from another state wants to know why they have to pay an out of state cost bond; or why they need to fund certain expenses regarding their own medical care or case costs; I explain that the cost of the case comes from funds, typically mine, that do not earn interest and are not guaranteed to be returned. Therefore, out of state clients need to show their commitment to the case by making an upfront financial contribution to the case.
Injuries that occur in Nevada need to be pursued from Nevada. Many times tourists who are injured in Nevada consult with lawyers from the state they live in. Too many times lawyers do not refer them to or consult with Nevada counsel. They "settle" as much of the case as they can and then pass off the client or send them to Nevada counsel demanding a referral fee. This puts me in an awkward position.
Whatever money was settled is no longer available to reimburse costs and expenses (not fees). The settling lawyer does not explain this to their client. Unknowingly, the client expects a different lawyer (in Nevada) – who has not been paid from any settlement – to put up the costs of pursuing the case. The settling lawyer never offers to assist the client by sharing those advanced costs with the Nevada lawyer.
The cost of proving the TBI case is high; especially the mild or moderate TBI case. While clients with TBI already have inherent cognitive limitations, explaining the reality of funding their case is difficult. Costs of filing suit, retaining experts, taking numerous depositions can rise very quickly since the burden of proof is on the injured party. Typically, in TBI cases I handle, those costs will reach $30,000 within the first 6 months. By the time trial approaches costs easily near $100,000. Taking the matter through trial increases the amount another $50,000.
I recently found myself explaining to an out of state client that the liability aspect of a case against one defendant was tenuous. That the local state lawyer took the "easy money" settling a portion of the case against an “easy” defendant and left the client without options for collecting on the "bigger picture" and the remaining defendant. Filing a lawsuit was absolutely necessary.
The local state lawyer should have explained that they were not able to pursue the case against any defendant in Nevada (because filing a lawsuit requires a Nevada license) and that in order to fund the litigation, part of the settlement portion of the case could be used. Instead the local state lawyer pockets the fee and abandons the client to pursue the matter with another lawyer in Nevada. The client comes to me having paid the out of state local lawyer who never intends to fund the case at all. He never intended to protect the clients interest by filing a lawsuit and could not have even if he wanted to.
I explained that insurance coverage was questionable since liability against the remaining defendant was tenuous. Without it, the case could be worth millions based on the injury but the value, based on liability and coverage, could be nothing. Again, the local lawyer left that information out of the legal advice to the client.
Not all situations are like this. Many times I am consulted by out of state counsel who really is concerned about their client. They desire to bring in Nevada counsel immediately. I wish all situations were like this but unfortunately they are not. This is when I find myself having to explain the hidden cost of a TBI case.
If you are out of state and get hurt in Nevada, be sure to ask your lawyer whether they can file a lawsuit in Nevada or pursue the case without the assistance of Nevada counsel. If not, you may want to consider contacting Nevada counsel first so that the cost of the lawsuit can be borne by the lawyer who you retain to represent you in Nevada.
