Bentonville Personal Injury Attorneys
Fighting to Recover Compensation for Personal Injury Victims in Bentonville
Any sort of accident or incident where you suffer serious injuries can derail your life. You may be temporarily or permanently unable to work, leaving you without the financial resources you need to tackle costly medical bills. Your injuries may even cause you frequent pain, leaving you unable to fully enjoy your life. You should never be responsible for shouldering these financial burdens, and you also deserve compensation to address the sorts of losses that cannot be easily calculated. Fortunately, legal remedies are available when the event that caused your injuries is someone else’s fault.
Our team at Potts Law Firm is committed to helping personal injury victims recover damages through personal injury lawsuits. It’s all about our power and results, and, with over 250 years of combined experience and $1 billion recovered for our clients, we have a proven track record of securing successful outcomes in these cases. Our Bentonville personal injury lawyers will work closely with you to ascertain liability, calculate the value of your claim, and pursue the just compensation you need and deserve. The case is important to us, and we are prepared to do whatever it takes to deliver the best possible outcome.
You owe no legal fees unless we win your case, so call (479) 323-3738 or contact us online to schedule a free initial consultation. Same-day appointments are available, and we offer our services in English and Spanish.
Types of Personal Injury Cases We Handle in Bentonville, AR
Our legal professionals have represented clients in a vast variety of personal injury claims, ranging from straightforward vehicular accidents to cases involving exposure to toxic substances. When you first meet with us, we will listen to your story, assess the circumstances, advise whether you have a case, and walk you through the types of compensation we may be able to help you secure.
Our Bentonville personal injury attorneys are ready to help you with claims involving:
- Aviation Accidents
- Bicycle Accidents
- Birth Injuries
- Boat and Jet Ski Accidents
- Bus Accidents
- Car Accidents
- Catastrophic Injuries
- Construction Accidents
- Drunk Driving Accidents
- Industrial Accidents
- Medical Malpractice
- Motorcycle Accidents
- Nursing Home Abuse
- Oilfield and Offshore Accidents
- Pedestrian Accidents
- Premises Liability
- Sports Injuries
- Toxic Torts
- Truck Accidents
- Wrongful Death
How Do I Win a Personal Injury Lawsuit in Bentonville, AR?
If you suffered injuries in an accident that was not your fault, you may be wondering what it will take to prove your case and recover damages. Most personal injury claims are based on negligence, which is defined as doing something a reasonable person would not do in the same situation (or failing to do something a reasonable person would have done in similar circumstances).
To demonstrate negligence, establish liability, and prevail in an Arkansas personal injury lawsuit, you must prove the following four elements:
- Duty. You must show the defendant owed you a duty of care at the time their conduct injured you. When a duty of care triggers (and what it consists of) will depend on the scenario, but drivers always owe a duty of care to others on the road, and property owners owe a duty of a care to patrons and visitors.
- Breach. The defendant must have in some way breached their duty of care to you. Again, what a breach looks like depends on the type of duty of care that applies to your case. A driver breaches their duty of care to others on the road when they drive recklessly or carelessly. A property owner breaches their duty of care to patrons and visitors when they fail to appropriately address safety hazards they knew or should have known about.
- Harm. To have a case, you must show you sustained some sort of loss. This loss may be physical, mental, financial, or a combination. If you did not suffer demonstrable harm, you do not have a case, even if someone was behaving negligently.
- Causation. You must prove the defendant’s breach directly led to your sustaining harm. In other words, you must show your injuries were the result of the accident or incident and not caused by something else.
If you cannot establish each of these four elements, you will not be able to recover damages. Our legal professionals at Potts Law Firm are well-versed in how to build strong claims and can provide the support you need to win.
What Is the Deadline for Filing a Personal Injury Claim in Bentonville, AR?
Waiting too long to take legal action after an accident will prevent you from recovering any compensation, as the state enforces time limits for personal injury claims. In Arkansas, you usually have three years from the date you were injured to file a lawsuit against the negligent party. For cases involving medical malpractice, you typically only have two years from the date of the medical error to take legal action.
If someone perishes in an accident or suffers fatal injuries, the deceased’s personal representative (named in their will) has the right to file a wrongful death lawsuit on their behalf. If no personal representative has been named or the chosen representative is unavailable, immediate surviving relatives can also bring a claim. Qualifying parties will have three years from the date of the victim’s death to start the legal process.
What If I Was Partially Responsible for an Accident in Bentonville, AR?
You may be able to recover some compensation regardless of if you were partially to blame for your injuries. Arkansas uses modified comparative fault rules when deciding these cases, so each party’s role will be evaluated. So long as your percentage of fault does not exceed 50%, you can still obtain compensation, but your damage award will be reduced by your share of the blame. If you were found to be 15% responsible for a car accident, for example, a $100,000 damage award would be reduced by 15%, meaning you would get $85,000. If you were found to be 51% at fault, you would be unable to get anything. Our team is not afraid to take on cases involving partial responsibility and will work to get you as much as possible.
If you think you may have a personal injury claim, do not wait to reach out. Call (479) 323-3738 or contact us online today.
I had a wonderful experience with this law firm.- Stephen P.
I wouldn’t hesitate to recommend him or any of the team at Potts.- Theo C.
The Potts Law Firm is a powerhouse of brilliant attorneys.- Molly H.
I would recommend Potts Law Firm for any and all legal matters that come my way in the future!- W. Gary
Great law firm!- Hugo G.
Wrongful Death $800,000
Potts Law Firm secured an $800,000 settlement on behalf of a family for the wrongful death of their father. The father of five from Las Vegas, New Mexico was wheelchair-bound. While visiting his dentist’s office, the father maneuvered his electric wheelchair up a ramp. The ramp did not have a curb or rails to prevent a fall. Despite being airlifted to a hospital, the father died of his injuries.
State of Kansas vs. John Cheek Jury Trial 1st Degree Murder Conviction
Wyandotte County District Court, 1995. Member of the Prosecution Trial Team which obtained a 1st degree murder conviction of an off-duty police officer.
Surgical Negligence $600,000
Potts Law Firm secured a $600,000 settlement for a young woman who was a victim of New Mexico medical malpractice. The woman underwent gallbladder removal surgery; the most common operation in America. The surgeon negligently performed the procedure, allowing bile to spill within the woman’s abdominal cavity before closing her incision.
Surgical Negligence Confidential Settlement
Potts Law Firm achieved a settlement for a medical malpractice case on behalf of a minor injured during surgery in Kansas.
Failure to Diagnose $825,000
Derek H. Potts obtained an $825,000 jury verdict in St. Louis against the hospital and doctor for failing to diagnose a hip fracture. It was appealed to the Missouri Supreme Court which affirmed the verdict, adding interest.
Sgroi vs. St. Louis University Hospital Jury Verdict
Derek H. Potts was appointed Lead Plaintiff's Trial Counsel in the case of Sgroi vs. St. Louis University Hospital, which obtained a verdict due to medical malpractice. Mr. Potts successfully argued the appeal before the Missouri Supreme Court, upholding the verdict.
Birth Injury $4.6 Million
Derek H. Potts and Samuel Cullan were members of the plaintiff's trial team which obtained a $4,600,000 verdict for a minor delivered at Bethany Medical Center. Ariana Wilburn, the minor, suffered a spinal cord presentation after being born in the breech position.
Paraplegic Minor $12 Million
Derek H. Potts and Timothy L. Sifers obtained a $12,100,000 verdict against Lisa Gard, M.D. for medical malpractice involving a minor. The jury found the Salina emergency room doctor to be negligent in her assessment of the minor upon presentation in the emergency room, failing to timely diagnose a rare spinal condition. The case was one of the largest verdicts in history in the State of Kansas.
Callen vs. Heartland 7 Figure Settlement
Buchanan County Circuit Court, 2006. Lead Plaintiffs’ Counsel which obtained a seven-figure settlement during the trial due to medical malpractice.
Hypoxic-Ischemic Birth Injury $3.5 Million
Potts Law Firm secured a $3,500,000 settlement for a single mother whose infant suffered severe brain damage while being delivered in a New Mexico hospital. The mother, having no previous pregnancy or medical issues, began laboring and immediately went to a hospital. Despite the clear signs of fetal distress and hypoxia (lack of oxygen), the doctor and nurse did not order an emergency cesarean section.