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James M. Roane III
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James Roane’s Answers

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  • How do I go about filing charges against someone for libel? Do I have to hire an attorney? This man has ruined my reputation.

    A man has sent over 8,000 emails, letters, tweets and facebook messages defaming my character and trying to, in his own words, ruin my life. I have plenty of evidence of the slander/defamation.

    James’s Answer

    You don't "file charges" for libel as that implies a criminal action. Instead, you can file a civil lawsuit. You can file in Small Claims Court by yourself. That is more of a People's Court type of environment. If you have damages to your ability to work or make money, I would hire an attorney. I would then consider filing suit in Superior Court should it prove necessary.

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

    what are the legal consequences? can the person with no insurance be sued by people hurt in accident?

    James’s Answer

    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 see if you have UM coverage.

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  • 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

    The insurance comp took about a week to get me a rental so i had no ride. Should i even bother going now?

    James’s Answer

    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.

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  • How long does a personal injury case take in North Carolina

    Someone failed to stop at a stop sign,I have been released from the chiropractor since Oct 2012. My two children where also involved in accident. I have an attorney and still haven't heard anything about my case it has been almost 5 months now.

    James’s Answer

    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 package has been sent out yet and check on the status. A typical chiropractor case should take a few months to resolve unless there are problems with the case.

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

    Opposite party is trying to get away by weather condition. I like to make sure that my medical expenses are fully satisfy by compensation and also my for my daughter. My car has been totaled, i want to make sure that I get fully compensation to my...

    James’s Answer

    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 weather conditions, his or her own negligence has created the "emergency" of sliding and causing an accident. In other words, this may be the reason the accident happened, but it would not be a viable defense. Having said all of the above to help you understand, insurance companies will try and low ball you over most any reason. The other attorneys are probably right, and you will likely have to call a Charlotte attorney.

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  • Do I have a case to sue for libel?

    I (photographer) posted a mildly provocative political comment on a friend's (model) facebook page. Another poster (who I don't know and have never met) took offense and then referred to as a "creeper". I stated that attacking someone's character ...

    James’s Answer

    • Selected as best answer

    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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  • Please help! I had colorectal surgery in 2006 and had a leak which lead to septic shock, multiple organ failure, MRSA, more.

    I was very sick and after a year consulted an attorney. I did not file charges (misfired staples was the cause). He sent letters saying he was going to sue the doctor and the cardiologist. Now, no doctors will help me. It appears that I have s...

    James’s Answer

    Your claim will be complicated by the fact that the normal Statute of Limitations for filing a medical malpractice lawsuit is three years. So, you will probably not have a viable claim. There are some exceptions to this rule, but they are complicated. You could consider writing the NC Medical Board to see if they can "encourage" some doctors to see you. Aside from that, you should continue to try other doctors. I would be surprised if no doctor will see you.

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  • Recently, an auto accident resulted in a total loss for which I was not fairly compensated. not injured,not restored back...

    The ins. Companies policy holder was at fault. During the negotiations, I made it clear that I completely understand the contractual defintion of insurance. Still was only compensated for 58% of the loss. Not able to locate a comparable vehicle fo...

    James’s Answer

    Also, the insurance company is only required to pay Fair Market Value for your vehicle not replacement value. If you go to NADA.com, you can input your vehicle information to see what it is worth. Of course, this exercise would be only for your possible piece of mind as your claim is likely released.

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  • I was wondering how to file slander charges?

    It would be against my fiances ex wife. We have text messages and also the oldest daughter states that she says bad words about me in front of them as well.

    James’s Answer

    The above two posts raise good points. Additionally, "charges" implies a criminal action, which will not work. Civil claims for defamation usually require significant damages to pursue. For example, someone wrongfully accuses you of a crime and you lose your job. Under those circumstances, you could possibly claim lost wages. This would be the actual damages you will usually need.

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

    I was involved in an auto accident, which is not my fault, i told both adjusters that I was fine. The accident was like 5 days ago, but now im starting to have pain in my neck, shoulder area, and just noticed a healing sore on my elbow. My car was...

    James’s Answer

    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 police report to see what he/she wrote down. In particular look for skid mark locations or debris marks reflected on the report. Also, it may show what the other driver said at the scene.

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