Frequently Asked Questions

Every state has a deadline called a statute of limitations for filing a personal injury claim:

Arkansas — You generally have 3 years from the date of your injury to file a claim
Texas — You generally have 2 years from the date of your injury to file a claim

Missing this deadline could mean losing your right to compensation entirely. Do not wait — contact Benton Gann as soon as possible.

In Arkansas and Texas, the legal system follows the rule of “contributory negligence.” Contributory negligence can limit a victim’s recovery based on the victim’s level of fault. If it is determined that a victim’s fault is greater than the defendant, then the victim cannot recover from the defendant. For example, when a victim is determined to be at 40% at fault the victim can only recover 60% of the awarded damages.

The value of a personal injury case is dependent on a wide range of contributing factors, including the nature and severity of the injury that a victim has sustained, as well as the extent of the subsequent pain and suffering that they have been forced to endure. Other variables like incurred medical expenses and lost earnings will also be taken into account, but each case is often very different. Many times an insurance company will prompt a victim to settle for a lesser amount of compensation in order to avoid going to trial, but if one is willing to stick it out through the necessary legal process, they may be able to recover much more than initially offered.

Although an individual is not required to retain the services of legal representation before filing a lawsuit, it is highly advised. Without a comprehensive understanding of personal injury law, including the statute of limitations that exist in the state, one may find themselves faced with a complex case that they cannot handle on their own. By contacting an attorney early on in the process, however, an accident victim may be able to better understand their chances of being able to obtain a successful resolution to their case, as well as take the proper steps to secure a favorable outcome. For more information about how Benton Gann can help, schedule a consultation with him today by going to the Get Started page.

Being injured due to someone else’s negligence is overwhelming. You’re dealing with physical pain, emotional stress, and mounting medical bills — all while trying to figure out what to do next. At Gann Injury Law, we want to make this process as simple as possible for you. Here are the steps you should take to protect your health, your rights, and your financial recovery.

Step 1 — Seek Immediate Medical Attention
Your health comes first. Even if you feel fine after an accident, some injuries — like whiplash, internal bleeding, or traumatic brain injuries — don’t show symptoms right away. Seeing a doctor immediately does two important things:

It protects your health by catching hidden injuries early
It creates a medical record that documents your injuries, which is critical for your case

Do not wait. Insurance companies will use any delay in medical treatment to argue that your injuries aren’t serious.

Step 2 — Document Everything
From the moment of your injury, start gathering evidence. This includes:

Photos and videos of the accident scene, your injuries, and any property damage
Names and contact information of any witnesses
A copy of the police or incident report if one was filed
All medical records and bills related to your injury
A journal documenting your pain levels, limitations, and how the injury affects your daily life

The more documentation you have, the stronger your case will be.

Step 3 — Report the Incident
Make sure the accident or injury is officially reported:

Car or truck accident — call the police and file a report
Slip and fall — report it to the property owner or manager and get a written copy
Workplace injury — notify your employer immediately and file a workers’ compensation report

Never skip this step. An official report creates a paper trail that is essential to your claim.

Step 4 — Do Not Talk to the Insurance Company Alone
Insurance companies are not on your side. Their goal is to pay you as little as possible. Before you give any recorded statement or accept any settlement offer, contact an attorney. Things to avoid:

Do not admit fault
Do not downplay your injuries
Do not accept the first settlement offer
Do not sign anything without legal advice

Even a simple, well-meaning statement can be used against you to reduce your compensation.

Step 5 — Contact Benton Gann
This is one of the most important steps you can take. Having an experienced personal injury attorney in your corner levels the playing field against insurance companies and negligent parties. Benton Gann will:

Investigate your accident thoroughly
Handle all communication with insurance companies
Build the strongest possible case on your behalf
Fight to recover compensation for your medical bills, lost wages, pain and suffering, and more
Work on a contingency fee basis — meaning you pay nothing unless we win

We proudly serve injury victims across Arkansas and Texas.

Step 6 — Follow Your Treatment Plan
Consistency in your medical treatment is critical — both for your recovery and your case. Make sure to:

Attend all doctor appointments and follow-up visits
Follow your doctor’s orders and prescribed treatments
Keep records of all prescriptions, therapy sessions, and medical expenses

Missing appointments or ignoring medical advice can be used by the insurance company to argue that your injuries aren’t as serious as you claim.

Step 7 — Let Us Handle the Legal Process
While you focus on healing, Benton Gann handles everything else. This includes:

Filing your personal injury claim
Negotiating with insurance companies
Gathering expert testimony if needed
Taking your case to trial if a fair settlement cannot be reached

I don’t rest until you receive the compensation you deserve.

Ready to Take the First Step?
If you or a loved one has been injured in Arkansas or Texas, don’t wait. The sooner you act, the stronger your case will be. Contact Benton Gann today for a free, no-obligation consultation.

Nothing upfront. He works on a contingency fee basis, which means you pay absolutely nothing unless he wins your case. Our fee comes as a percentage of your settlement or verdict. If he doesn’t win, you don’t owe him anything.

-Call 911 and get a police report
-Seek medical attention immediately, even if you feel fine
-Take photos of the scene, vehicles, and your injuries
-Get the other driver’s name, insurance, and contact information
-Do not admit fault at the scene

Contact Benton Gann before speaking to any insurance company

Not without speaking to an attorney first. Insurance companies routinely offer quick, lowball settlements hoping you’ll accept before you understand the full value of your case. Once you accept a settlement, you cannot go back and ask for more. Let Benton Gann review any offer before you sign anything.

You may still have options. Your own insurance policy may include uninsured/underinsured motorist coverage that can help cover your losses. Contact Benton Gann and we’ll help you explore all available avenues for compensation.

A wrongful death claim is filed when a person dies as a result of another party’s negligence or wrongful act. This can include car accidents, truck accidents, slip and falls, medical malpractice, and more. The surviving family members may be entitled to compensation for their loss.

• Arkansas — The surviving spouse, children, or parents of the deceased may file a wrongful death claim
• Texas — The surviving spouse, children, and parents of the deceased are eligible to file

An executor of the deceased’s estate may also file on behalf of the estate in certain circumstances.