Personal Injury Attorneys
Fighting to Recover Compensation for Victims of Negligence
An accident can leave a person in a bleak and vulnerable situation, especially if they are unable to work due to their injuries while simultaneously facing enormous medical bills and other expenses. Even worse, many personal injury victims find themselves facing aggressive opposition when seeking compensation for these losses.
At Potts Law Firm, we are committed to helping you navigate life’s most challenging moments by using our resources to hold negligent parties accountable. Our personal injury lawyers will work to quickly get you the compensation you deserve so that you can focus on your recovery. Our team is made up of legal professionals, medical directors, and physicians, allowing us to handle the legal, financial, and medical elements of your claim. We will give your case the time and attention it deserves, leveraging the full extent of our experience, knowledge, and resources as we fight to secure an optimal outcome.
Our firm has recovered over a billion dollars for our clients, so do not hesitate to schedule a free consultation by calling (888) 420-1299 or contacting us online. We offer same-day appointments and provide services in English and Spanish.
Types of Personal Injury Cases We Handle
Our team can provide ardent representation in a wide range of personal injury matters. No case is too big, small, or complex. When you come to us for help, we will carefully evaluate the facts and provide an honest assessment of whether we believe you have a claim.
Our personal injury attorneys can assist you with cases 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
Frequently Asked Questions about Personal Injury Claims
I Was Injured in an Accident. Do I Have a Personal Injury Claim?
The legal cause of action for most personal injury claims is “negligence.” For negligence claims, the “reasonable person” standard is typically applied when evaluating the case. In other words, “negligence” is defined as the failure to do what an ordinary person would have done under the same or similar circumstances.
To establish liability based on negligence, the plaintiff must prove the following four elements:
- Duty owed to the plaintiff by the defendant. You must establish a “duty of care,” meaning the defendant owed some legal responsibility to the victim. What is considered a duty of care will depend on the nature of the accident and your state’s laws, but a common example involves automobiles. All drivers owe a duty of care to one another when they are behind the wheel.
- Breach of that duty. Once the existence of a duty of care has been proven, the plaintiff must show the defendant’s actions (or failure to act) breached that duty of care. A motorist breaches their duty of care to other drivers (including the plaintiff) when they drive recklessly or violate traffic rules.
- The breach caused damages. The plaintiff must show that the defendant’s breach more likely than not led to the accident. For example, in a case where a driver whose failure to signal caused an accident as they attempted to change lanes, the plaintiff would argue the driver’s breach (their failure to signal) directly led to the collision, which resulted in injury.
- The existence of damages. The plaintiff must demonstrate that they sustained injuries. There is no case if there were no injuries, even if the plaintiff was extremely negligent.
All four of these elements must be present and provable in court. If even one of these elements is missing, the plaintiff will lose their case.
Generally, if you were injured in an avoidable accident that was not your fault, there is a good chance you have a personal injury claim. Still, it can be difficult to ascertain whether a person or organization owed you a duty of care and whether they breached it. Fortunately, our team at Potts Law Firm is happy to listen to your story and advise whether you have a strong case.
I Was Partially Responsible for an Accident. Can I Still Recover Compensation?
It depends on your state and your level of fault. Some states do not allow victims to recover any compensation if they are found to be at all to blame for causing an accident, even if their contributions are significantly less than that of the defendant. Other states allow victims to recover some compensation if they are less than 50% at fault. Still other states permit victims to recover a portion of awarded compensation so long as they can prove the defendant was in any way negligent.
Consider an example where the plaintiff is found to be 40% responsible for the accident. If the case is tried in a state that operates under comparative negligence rules, the plaintiff can still recover 60% of their damages, meaning a $100,000 award would be reduced to $60,000.
Do All Personal Injury Claims Require a Trial?
Not all personal injury cases will necessarily be tried in court. Trials are expensive and time-consuming, so many plaintiffs and defendants seek to avoid one when possible. If there is overwhelming evidence in favor of the plaintiff and the defendant is willing to negotiate in good faith, the legal representatives of both sides may seek to agree on a settlement that fairly compensates the plaintiff for their injuries. These negotiations do not always work out, forcing a trial. We tend to attempt negotiating settlements whenever possible, as we aim to get you the money you need as quickly as possible.
What Is a Contingency Agreement?
A contingency agreement means you will owe our firm nothing unless we win or secure a favorable monetary settlement. Our legal professionals will handle the upfront expenses related to your case. This allows many personal injury victims to access quality legal representation they would otherwise not be able to afford. We are proud to handle most personal injury cases on a contingency basis and are driven to recover as much as possible for our clients.
Will I Owe Money If We Do Not Win My Personal Injury Case?
No. You will not owe any legal fees unless we win or are able to negotiate a reasonable settlement. With that said, our personal injury attorneys are confident that we have what it takes to prevail.
If you were injured in an accident caused by a negligent party, do not wait to discuss your case with our legal professionals. Contact us online or call (888) 420-1299 today.
It's All About Your RecoveryHear From Our Past Client's
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 highly recommend Adam and Potts Law Firm- Mary H.
I would recommend Potts Law Firm for any and all legal matters that come my way in the future!- W. Gary
How Long Do I Have to File a Personal Injury Claim?
Personal injury claims are subject to statutes of limitations. This means victims only have a certain amount of time from the date of the accident or incident to start the legal process. Victims who miss these deadlines are unable to sue and recover compensation.
Speak to our personal injury lawyers as soon as possible after an accident to avoid losing the opportunity to recover damages. The amount of time you have to file a lawsuit against a negligent party will depend on the type of accident, where the accident occurred, and where you live. We can help you understand where your lawsuit needs to be filed and the time limits that apply to your case.
it's all about your best possible resultExplore our past successes
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.
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.
Hypoxic-Ischemic Birth Injury $3.5 Million
Partner Adam T. Funk 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.
Catastrophic Injuries $3.5 Million
Derek H. Potts was co-lead counsel with Thomas Cartmell in representing John Novogradac of Kansas City whose health was neglected during his stay at two nursing home facilities. Mr. Novogradac developed bedsores on his body and had above-knee amputations on both legs after his wounds became severely infected with gangrenous and dead tissue.
Trucking Accident $1.05 Million
Potts Law Firm served as lead counsel for the family of Kook Oh who was killed by an 18-wheeler in Alvarado, Texas. Mr. Dortch sued the driver of the 18-wheeler and his employer. Following a week-long jury trial, Micah’s client received a verdict awarding over one million dollars in damages and a finding of punitive liability on the part of each of the defendants. I
Pharmaceutical Birth Defect $1.05 Million
Partner Adam T. Funk secured a $1,050,000 settlement for a mother whose infant suffered birth defects from a pharmaceutical drug that was taken during pregnancy. Though the migraine drug manufacturer knew the medication could cause a fetus to develop a cleft lip and/or cleft palate when consumed by the mother during the early stages of pregnancy, they failed to warn consumers about these dangers.
Sgroi vs. St. Louis University Hospital $1 Million
St. Louis City District Court, 2009. Lead Plaintiffs Trial Counsel obtained a $1,004,421 verdict due to medical malpractice and successfully argued an appeal before Missouri Supreme Court upholding the verdict. Total fees and expenses of $525,702.04. See Sgroi vs SLUH, No. SC 89840.
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.
Wrongful Death $800,000
Partner Adam T. Funk 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.
Pedestrian Accident $652,000
Potts Law Firm represented a client who was run over by a drunk driver at a truck stop in Missouri. The client, a truck driver at the time, was walking from his parked truck toward the truck stop showers using a clearly marked crosswalk. As he was walking across the crosswalk, a speeding drunk driver ran him over.