James Jenkins Mills’s Answers

James Jenkins Mills

Raleigh Litigation Lawyer.

Contributor Level 11
  1. When should you get a lawyer when you've been in an accident? My accident was only a week and half ago.

    Answered 7 months ago.

    1. James Jenkins Mills
    2. Richard Todd Rosenstein
    3. David Ian Schoen
    4. Jeffrey Mark Adams
    5. Christian K. Lassen II
    6. ···
    9 lawyer answers

    You should go ahead and talk with an attorney. The initial consultation is always free, and you can get more information about the potential value of your claim. Then you can make a decision as to whether you want to handle the claim on your own. There is no question that insurance companies will typically pay more if you have an attorney involved, and there are a number of pitfalls associated with a claim like the one you describe. You are probably better off hiring an attorney, but you...

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  2. The worth of a life in a wrongful death/ med mal case

    Answered over 2 years ago.

    1. James Jenkins Mills
    2. Lars A. Lundeen
    3. Neil P. Flynn
    4. Bobby L. Bollinger Jr.
    4 lawyer answers

    North Carolina's wrongful death statute is NCGS 28A-18-2. You can find the text of it here: http://www.ncga.state.nc.us/gascripts/statutes/statutes.asp (you have to input the section number). The medical malpractice cap is $500,000 for "non-economic" damages. This is a new law that went into effect in October of last year. What, exactly constitutes "non-economic" damages is somewhat debatable, but under the wrongful death statute, the family of the decedent is entitled to: (1) medical...

    8 lawyers agreed with this answer

  3. After my car was totaled I had to rely on other transportation. How do you calculate the use of other transportation.

    Answered about 2 years ago.

    1. Pedro Eduardo Krompecher
    2. James Jenkins Mills
    3. Benjamin Weaver Glass III
    4. Daniel Nelson Deasy
    4 lawyer answers

    You are also entitled to "loss of use" of your vehicle while it is being repaired and is not drivable (assuming the responsible party does not provide a rental car), in addition to your out-of-pocket expenses. I agree with the other responses - your attorney should be assisting you with this and able to answer these questions. Sorry to hear about the accident. Good luck. -Jay Mills

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  4. Is there a new law that could affect the amount of money you receive from a auto injury claim?

    Answered over 2 years ago.

    1. James Jenkins Mills
    2. Jeffrey David Wolf
    3. Matthew E. Wright
    4. Donald Solomon Nathan
    4 lawyer answers

    Yes. North Carolina passes a law that applies to all personal injuries that occur on or after October 1, 2011. If your accident occurred before that date, the law does not apply. It impacts the evidence one can use at trial to demonstrate your injuries, but does not necessarily impact the amount of money one receives from an auto injury claim - it simply impacts the evidence that can be used to argue your point. If you have a personal injury claim relating to an auto accident, you should...

    7 lawyers agreed with this answer

  5. Can items be removed from an estate before the will is probated?

    Answered over 2 years ago.

    1. James Jenkins Mills
    2. Cheryl K. David
    2 lawyer answers

    I am sorry to hear about your mom. As for your question, no, the items shouldn't be removed, unless they are specifically designated in your mother's will, and even then, it is more appropriate to take a full inventory of the household items. That being said, what your brother did is not uncommon. You may want to speak with a probate attorney in your area to have he/she provide assistance throughout this process. That is particularly the case if your brother and co-executor is going to be...

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  6. Do i need a lawyer to make my will. I do have assetts.

    Answered almost 2 years ago.

    1. Cheryl K. David
    2. James Jenkins Mills
    3. Bonnor E. Hudson III
    4. Rachel Lea Hunter
    5. Eric Jerome Gold
    5 lawyer answers

    If you have significant assets, it is worth spending a little money to hire an attorney to draft your will, and other estate planning documents that may be necessary. This will ensure that your assets are handled according to your wishes after your death. If you try to do it yourself, you run a significant risk of it being done erroneously, or having another family member challenge the validity of the will. In sum - spend the money and hire an attorney.

    5 lawyers agreed with this answer

  7. Can I still sue?

    Answered over 2 years ago.

    1. James Jenkins Mills
    2. Harry Edward Hudson Jr
    3. Andrew Daniel Myers
    4. Karl E. Knudsen
    5. Christian K. Lassen II
    5 lawyer answers

    Yes - the statute of limitations certainly has not expired, so you could still sue. It is unclear if you have already sued, or hired an attorney, etc., based on the wording of your question. I would be happy to discuss the claim - our office is located in Raleigh. And, like most firms, we offer free initial consultations and would typically do this work on a contingency-fee basis. After the initial consultation, you will be better informed as to how you should proceed. -Jay Mills

    5 lawyers agreed with this answer

  8. CPA and Atty had elderly woman sign deeds to her property to multiple LLCs. She had no voting rights, pre-emptive rights.

    Answered about 2 years ago.

    1. James Jenkins Mills
    2. Robert E. Millsap III
    3. Lawrence A Friedman
    4. James P. Frederick
    4 lawyer answers

    This is certainly problematic, and calls a number of issues into question. There are potential ethical and legal violations at play, and it could be that the appropriate course of conduct would be to rescind the underlying transactions. In order to accomplish that, however, it is almost a certainty that someone related to/close to the elderly woman would need to hire an attorney quickly to assist. First, it sounds as if an extensive investigation needs to take place to learn more about what...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. My 36yo daughter fell on an icy patch outside WalMart door. She was severely injured with a trimalleolar fracture of ankle.

    Answered about 2 years ago.

    1. Michel C. Daisley
    2. James Jenkins Mills
    3. Andrew Daniel Myers
    4. Robert Don Fink
    5. Christian K. Lassen II
    5 lawyer answers

    I assume you are referencing NC's contributory negligence law (or Walmart is) as the reason they have not agreed to negotiate. However, there are some cases out there regarding failure to take care of icy conditions that have held entities like Walmart liable for such falls. Your daughter should consult directly with a local personal injury attorney regarding this matter to see if she can get around the contributory negligence standard.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can I sue for medical malpractice of my father's death?

    Answered almost 2 years ago.

    1. James Jenkins Mills
    2. Martin Paul Weniz
    3. Joseph Jonathan Brophy
    3 lawyer answers

    I'm sorry to hear about your father. Unfortunately, sometimes terrible results occur at medical institutions. Sometimes, those amount to potential medical malpractice claims, but oftentimes, they are just bad results that happen to people in need of medical care. If you decide to pursue the claim, the first step will be to retrieve all of his medical records from his hospitalization. Then, you can take those records to a medical malpractice attorney in your area to discuss. That firm will...

    4 lawyers agreed with this answer

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