James M. Roane III’s Answers

James M. Roane III

Greensboro Car / Auto Accident Lawyer.

Contributor Level 10
  1. I have injured in car accident and opposite party is not giving enough compensation for medical coverage even its not my fault.

    Answered almost 2 years ago.

    1. James M. Roane III
    2. Jeffrey Mark Adams
    3. David J. McCormick
    4. Christian K. Lassen II
    5. Scott Douglas Camassar
    6. ···
    6 lawyer answers

    While we have had some bad weather the last few weeks here in NC, it doesn't excuse drivers from driving carefully under these difficult conditions. Essentially, what the other driver may claim will be "sudden emergency". This defense is only applicable when the alleged emergency was not created by the driver. In other words, they claim that the road was icy. If true, the driver should slow down, change lanes carefully, follow at a safe distance, etc. If the driver doesn't adjust to the...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. How long does a personal injury case take in North Carolina

    Answered almost 2 years ago.

    1. James M. Roane III
    2. Timothy Shawn Howard
    3. George Costas Andriotis
    4. Christian K. Lassen II
    4 lawyer answers

    Like many lawyer answers, I will say "it depends". Your case appears to have clear liability, which can be a major hurdle. You have been released from care, which can be another hurdle or cause of delay. If your attorney has sent the adjuster all of the medical records, you should have a response from the insurance company by now. Some cases can take time, especially if there is low property damage or a difficult adjuster. For now, just call your attorney and ask him or her if the demand...

    6 lawyers agreed with this answer

  3. Was involved in a car accident, but it was not my fault

    Answered over 2 years ago.

    1. James M. Roane III
    2. Daniel Nelson Deasy
    3. Kevin M Garrison
    4. Ronald Walter Kim
    5. Herbert W. Auger
    5 lawyer answers

    Go to the doctor and get checked out first. While everyone knows that problems can show up after a few days, insurance companies don't. Well, at least they claim they don't. They will likely claim that this was a gap in treatment and attempt to deny or reduce the claim value. Regardless of the value they put on the claim, you should get checked out to make sure that you don't have any problems. Police officers often don't write tickets following a wreck. Instead, take a look at your...

    6 lawyers agreed with this answer

  4. Do I have a case to sue for libel?

    Answered about 2 years ago.

    1. James M. Roane III
    2. Michael Ryan Juarez
    3. Maria Teresa Singleton
    4. Robert Bruce Kopelson
    5. Timothy Leo Bowden
    5 lawyer answers

    Small claims may not be a bad idea. You will need to show: a defamatory statement, was false and was published. You should have a libel per se claim as you have been impeached in your profession. Andrews v. Elliot 109 NC 271 (1993). In small claims, you will need to seek damages not an apology. You could just agree to drop the claim with such an apology. Small claims proceedings are simple: http://www.nccourts.org/Courts/Trial/SClaims/

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  5. I've recently retained a lawyer for a car accident- Am I being screwed??

    Answered over 2 years ago.

    1. James M. Roane III
    2. James B. Hernan
    3. Bradley A. Coxe
    4. Jeffrey Mark Adams
    5. Jeffrey Travis Roberts
    6. ···
    8 lawyer answers

    There is only one settlement that will include all damages such as medical bills, lost wages, pain and suffering, etc. So, the offer from the insurance company would most likely be a global offer of all damages. The attorney fee is a percentage of that global total, usually 33%. After attorney fees, your medical bills are then paid. You will be paid the rest minus costs.

    5 lawyers agreed with this answer

  6. Has there ever been a successful trip/fall lawsuit in North Carolina?

    Answered about 3 years ago.

    1. James M. Roane III
    2. Marc P Madonia
    3. Randy William Ferguson
    4. Daniel Paul Buttafuoco
    4 lawyer answers

    Many cases are successful, but they are always difficult. You are right that the problem is contrib. In most cases, you will need to prove notice of a dangerous condition, and you do this by sometimes alleging that it was a visible condition. Of course, this helps them to establish contrib. Your case may not have that same catch-22 type problem as their flashlights will establish notice. If you can show that you couldn't see the hazard, then you may win. The burden of proof is not legally...

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  7. NC state personal injury tort laws, car accident and injuries, statute of limitations

    Answered almost 6 years ago.

    1. James M. Roane III
    2. Bonnor E. Hudson III
    3. Kevin W. Davidson
    3 lawyer answers

    The North Carolina statute of limitations is three years unless it is a wrongful death case which is two years. You will have a proof/causation type problem in proving your medical case with a six month gap in treatment.

    1 lawyer agreed with this answer

    6 people marked this answer as helpful

  8. What if someone rare ended your car for failing to reduce speed and they do not have any insurance but claimed they did?

    Answered over 1 year ago.

    1. James M. Roane III
    2. Merry Melinda Fountain
    3. Jeffrey Ira Schwimmer
    4. Christian K. Lassen II
    4 lawyer answers

    Make sure that the driver isn't covered by another policy. If the driver was driving another person's car, you probably can go after their insurance. Also, you should check to see if the driver has other insurance policies or vehicles. Check to see if any relatives live in the driver's home as you may be able to access their policy. The driver could have been on the job, and their employer could be liable. Finally, as the other attorney said, you should call your own insurance company and...

    3 lawyers agreed with this answer

  9. I was in an car accident, not my fault. Its a week later should i still go to the dr if i havent but i have pains

    Answered over 1 year ago.

    1. James M. Roane III
    2. Kenneth Love Jr.
    3. Alan James Brinkmeier
    4. Michael R Crosner
    4 lawyer answers

    Yes. Even though the insurance company will argue a "gap in treatment", you should still go. At least you will cut off that gap. Also, you might be able to get the rental delay into evidence. Insurance is typically inadmissible, but if they argue a gap in treatment you should be able to explain.

    3 lawyers agreed with this answer

  10. Should I be going to court after the insurance company first very low offer?

    Answered over 2 years ago.

    1. Michael Scott Rothrock
    2. James M. Roane III
    3. Glenn S. Doyle
    3 lawyer answers

    If the insurance company can do anything to keep from paying, that is what they will do. All plaintiffs have this same problem with cases involving low property damage or prior medical conditions. The insurance company will try and bank on jury bias against plaintiffs. Many lawyers refer cases for litigation. Litigation is expensive and risky and has become somewhat specialized. If your lawyer wants to refer you, I would do it.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

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