Little Rock Personal Injury Lawyers
Helping You Fight for the Fair Recovery You Deserve
When you are injured due to the negligent or wrongful conduct of another person or party, you have the right to take legal action. Although nothing can ever truly “compensate” you for the pain and suffering you have been through, a fair settlement or jury verdict can provide you and your family with the monetary resources you need to manage unexpected costs associated with your injury. A successful personal injury lawsuit can also provide a powerful sense of justice, allowing you to heal and move forward with your life.
At our office in Little Rock, AR, our personal injury lawyers provide personal attention and compassionate legal counsel to those navigating the aftermath of a serious accident or injury. At Potts Law Firm, we genuinely care about the people and communities we serve. Our goal is to not only help you recover fair compensation for your injury-related damages but also to improve the safety of Little Rock residents and people throughout Arkansas.
Learn how our personal injury team can help you fight for fair compensation. Call (501) 299-9270 or contact us online for a free, no-obligation consultation.
How Long Do You Have to File a Personal Injury Lawsuit in Arkansas?
Like all states, Arkansas has a statute of limitations on personal injury lawsuits. This means that you have a limited amount of time to file your claim in court. If you wait too long, and the statute of limitations expires, you will almost certainly lose your right to seek damages from the liable party.
The statute of limitations on standard personal injury cases in Arkansas is three years from the date of injury. In other words, you have three years from the date on which you were injured to file your lawsuits. There are very few exceptions to this rule, but one common one occurs when an injury is not immediately discovered. In such cases, the injured party may have three years from the date on which the injury was discovered—or reasonably could have been discovered—to file a lawsuit.
In any case, the sooner you act, the better. Over time, important evidence can be lost, and your case will likely become harder to prove. We encourage you to reach out to our Little Rock personal injury attorneys today to learn how we can immediately begin investigating and pursuing your case.
How to Prove a Personal Injury Case
Because most personal injury claims are brought on the grounds of negligence, there are several things you must prove to successfully recover a settlement or verdict:
- Duty of Care: Duty of care refers to the defendant’s implied or expressed legal responsibility to you. If the defendant had some obligation to act in a certain way or refrain from certain actions that could cause foreseeable harm, they owed you a duty of care.
- Injury: To have a personal injury claim, you must prove that you were, in fact, injured. Note that physical injuries are not the only type of injury; emotional distress, mental anguish, and even financial loss can all be considered “injuries.”
- Damages: You will also need to prove that your injuries led to measurable damages, or losses, for which you can be compensated. This includes both economic and non-economic losses, such as lost wages, medical bills, and pain and suffering.
- Breach: In addition to proving that the defendant owed you a duty of care, you will also need to prove that they failed to uphold, or breached, that duty of care. This is usually proven through evidence of negligence, wrongful conduct, or misconduct.
- Causation: One of the most important elements of any personal injury claim, causation is the connection between the defendant’s conduct and your injuries. You must prove that the defendant’s breach of the duty of care was the proximate cause of your injuries and damages.
An experienced attorney from our Little Rock office can help you prove each of these critical elements. We strongly recommend that you work with a legal team that has helped people in situations like yours. At Potts Law Firm, we draw on our past experience to develop powerful cases for our clients, while simultaneously recognizing and considering the individual factors that make every case unique.
What Types of Damages Can Be Recovered?
Every case is different. The exact damages you may be able to recover—as well as the overall value of your claim—depend on various factors.
Although every situation is unique, you likely have the right to pursue compensation for the following types of damages:
- Medical expenses
- Future medical care costs
- Lost wages/income
- Loss of earning ability
- Future lost wages
- Pain and suffering
- Reduced quality of life
- Emotional distress
- Permanent disfigurement or disability
- In-home assistance and care
- Miscellaneous expenses
In some cases, it may also be possible to seek punitive, or exemplary, damages. These are meant to punish defendants for egregious or gross negligence, as well as willful or wanton misconduct and intentional infliction of injury.
What Is Comparative Fault & How Does It Affect Your Personal Injury Claim?
Comparative fault is a rule based on the idea that multiple parties can share some of the blame for an injury-causing event. When this occurs, an injured party can still seek compensation for resulting damages in states that follow comparative negligence rules.
Under Arkansas’ modified comparative fault rule, an injured party must be less than 50% to blame for the injury-causing event to still be eligible for compensation. Additionally, an injured party that is found to be partly to blame cannot recover the full amount they are seeking in compensation. Instead, they can only recover the amount they are seeking minus their percentage of fault. So, for example, if you are found to be 30% at fault and you are seeking $10,000 in damages, you can only recover up to 70% of that amount, or $7,000.
Get started with a free consultation today; call (501) 299-9270 or contact us online using our secure request form. Hablamos español.
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.