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The "best offer" for settlement usually isn't the best - full story...

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Stephen B. Potter

Stephen Potter

Born: Brooklyn, NY

Law School: Catholic University (Associate editor of the Law Review)

Member: Delaware and American Bar Associations; The Association of Trial Lawyers of America (Sustaining Member); Delaware Trial Lawyers Association.

Stephen B. Potter is an attorney whose practice is now limited to representing those individuals who have been injured in auto accidents, truck accidents, on and off the job, as well as injuries in a variety of other settings. He has limited his practice to the injured person or persons for approximately 15 years. He also handles medical negligence and hospital negligence, as well as on the job injuries and wrongful deaths. Most of the cases he works on settle before having to go to trial. When he settles a large case, he will negotiate for tax-free payments for life, if the client is interested in obtaining an annuity. He is ready to go to trial, if necessary, to obtain an acceptable result.

Some cases Mr. Potter has handled include the following:

School Bus-Car Severely fractured ankle with posttraumatic arthritis tried in Federal Court in Delaware – the offer was $350,000 and a jury awarded $1,150,000.
Stop Sign Violation Involving two cars – injured person passenger herniated disc low back – inability to return to job requiring repeated lifting and twisting – the offer was $75,000 and a jury awarded $410,000.
Motorcycle Read-ended by car injury – low back – unable to do former job – the offer was $12,500 and the jury awarded $125,000.
Stop Sign Violation Auto accident – serious hip injury – Settled for $2,000,000 plus settlement structured.
Hospital Negligence Inadequately trained nurse gives wrong medication – tried by out-of-state medical malpractice attorney – jury found for the defense and awarded nothing to plaintiff. Mr. Potter appealed to Delaware Supreme Court and verdict was reversed on grounds of admission of Prejudicial Evidence Rule 403. Mr. Potter then tried the case and a Jury awarded $1,500,000.
Hospital Negligence Post surgical care – failure to diagnose and timely treat sepsis. Case rejected by another law firm. Mr. Potter settled case for $2,000,000.
Hospital Negligence Failure to diagnose and treat drug withdrawal induced seizures. The case settled for $1,500,000.
Fire Escape Collapse Causing pedestrian head injury. The offer was $50,000 – “take it or leave it”. The jury awarded $2,250,000. It was appealed and affirmed on the appeal to the Delaware Supreme Court.

Before limiting his practice to representing the injured, Mr. Potter, who has been practicing law since 1974, tried numerous cases, including five murder cases. Two clients were facing the death penalty and were acquitted. Two resulted in Not Guilty verdicts and the other case resulted in a conviction of a lesser included offense.

Also, over the years, Mr. Potter’s practice was highly varied including representing clients in real estate condemnation cases, representing Labor Unions including UAW and several UAW locals, as well as Local 199 of the Delaware Laborers Union.

Stephen Potter has also represented the Fraternal Order of Police for the Wilmington Bureau of Police, the New Castle County Police and the Delaware State Troopers.

He is a member of the Bar of the Delaware Supreme Court, the United States District Court for the District of Delaware, the Third Circuit Court of Appeals and a member of the Bar of the United States Supreme Court.

Mr. Potter has received a Certificate from the American Trial Lawyers Association in 2007 listing among the “Top 100” trial lawyers.

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