04 March, 2024

Nevada’s Most Relentless Defense Attorney Strikes Again in Skilled Nursing Facility Settlement Judgement Succeeding Where Other Firms Couldn't

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In: Verdicts

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Las Vegas Managing Partner, Adam Garth, demonstrated relentless determination when, within a two-week turnaround from assuming the case in its final stages upon another firm's failure, he secured a successful settlement for 100% less than than initial ask of the plaintiff's attorney. This accomplishment led to the dismissal of two additional competing firms and the subsequent hiring of QPWB for all ongoing cases for the client, while simultaneously opening up additional opportunities for litigation work in neighboring states.

Case Overview 

  1. The plaintiff was undergoing rehabilitation at the defendant's facility after a hospital stay and decided to leave her bed without assistance, did not use her call button, walked alone to the bathroom, and subsequently fell, fracturing her hip.
  2. The defendant disclosed the call button log, indicating that the plaintiff never utilized the button provided nor sought assistance, which they argued was the proximate cause of her injury.
  3. The defendant served an offer of judgment based on what was offered during a prior mediation, and they also moved to dismiss multiple causes of action that could have led to considerable damages for the client.
  4. The case was transferred from another law firm to QPWB after the initial firm allowed negotiations to continue extensively and expand over time.
  5. All of the aforementioned actions by Garth and QPWB were achieved within two weeks of being awarded the case by the carrier.
  6. Eventually, the case was settled for the minimum of what the former counsel had previously set and 100% less than the maximum requested at mediation by the plaintiff's attorney.

What Makes QPWB "Different"

  1. Upon taking over the case, QPWB recognized that the former defense counsel had not adequately prepared for the mediation or set up the file for proper negotiation.
  2. In less than two weeks of handling the case, QPWB moved for a judgment on the pleadings to dismiss multiple causes of action that could have increased the case's value. They also served an offer of judgment for the $450,000 offered at mediation.
  3. Plaintiff's counsel, aware of Garth's growing reputation with QPWB, immediately accepted the $450,000 offer without waiting for the motion to be decided or responding to the impending discovery.
  4. As a result of this successful negotiation and strategic, informed handling of the case, all competing firms in the area were discharged from handling cases for this carrier in the long-term care arena, leading to those cases being directed exclusively to QPWB.

Difference-Makers Involved

  1. Managing Partner, Adam Garth, swiftly moved for a judgment on the pleadings to dismiss multiple causes of action and served an offer of judgment for the amount previously offered at mediation, prompting the plaintiff's counsel to immediately accept the offer due to QPWB's reputation, ultimately leading to the successful resolution of the case in a way that saved the carrier thousands in additional legal fees.
  2. Associate, Najum Anwar communicated with plaintiff's counsel and was instrumental in communication, reinforcing our firm's firm stance that our client would only settle at the original minimum offer, a figure still reflective of a greater value than the case's merits.

Claims Made Against Our Client 

  1. These claims included, Elder Abuse, Professional Negligence, and General Negligence. 

Approach and Strategy 

  1. Garth meticulously examined the case file and documentation revealing significant comparative negligence on the part of the plaintiff, potentially jeopardizing her ability to recover damages.
  2. Recognizing the risks posed by multiple claims that could escalate damages for the client, the firm swiftly moved to dismiss these claims, mitigating potential liabilities.
  3. To reinforce their position and protect the client's interests, the firm issued an offer of judgment set at the maximum amount previously offered during mediation. This strategic move aimed to compel the plaintiff to reconsider and potentially avoid incurring additional costs and fees if they were to receive less at trial, especially in light of the substantial comparative negligence factor discovered in the case.

Impact and Outcome 

  1. Impact: Thorough case evaluation aimed to limit damages collection, emphasizing our commitment to realistic expectations. Our assertive approach prompts insurance carriers to acknowledge our superior representation, prioritizing client results over cooperation with co-defense counsel and plaintiffs.
  2. Outcome: Adam Garth and QPWB's credibility is evident, with plaintiff's attorneys acknowledging our resolve. Consistently enforcing consequences for unwarranted litigation establishes accountability, deterring future frivolous claims and reinforcing our commitment to client interests.

Predicting the Future

  1. While we approach each situation with reason and resolve, our commitment remains steadfast: to ensure our clients receive impassioned advocacy without hesitation while yielding the results they desire. 
  2. Our track record speaks volumes--we win cases and demonstrate to carriers where other defense counsel fall short, thereby allowing clients to entrust us with an increasing number of cases for resolution and cementing Garth's reputation as Nevada's most relentless defense attorney.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 45 states and territories in the U.S. allowing us to serve a broad spectrum of industries with over 100 areas of practice. Our lawyers provide representation for businesses and their leaders in litigation, regulatory, and corporate matters.

Discover the QPWB Difference

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