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James Edward Butler III

James Butler’s Answers

14 total


  • Injured on Kohls prpty outsde store on way in, tore foot/ankle lig and waiting on result of hip rad. Wtg on liability admission

    Received claim number. Was asked to give recorded statemet, badgered on phone during recorded statement due to past work comp injury claim and car accident which had nothing to due with injury at kohl's. They said they will determine liability wit...

    James’s Answer

    Kohl's is a for-profit business, and Kohl's does not make a profit by paying money to claimants like you. I say that to make this point: if you're waiting for Kohl's to admit liability, you will have to wait a long time. Like any other defendant, Kohl's will admit liability and pay the reasonable value of your claim ONLY when it believes that it is cheaper for the company to settle out of court then go to trial against a competent, prepared lawyer. So, consult with a good lawyer--this is not the kind of claim you can handle over the internet.

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  • I HAVE A 2012 HONDA CRV,iFOUND THAT THERE WAS A RECALL AFTER IT TOOK OFF DOWN HILL AND STOPAFTER HITTING TREES.

    Should HONDA be held respectable. the dealer i have brought 3 HONDAS from says they do not have a 2012,2013 so iwould have to buy a2014,which will be about 6000 more than insurance is offering me.

    James’s Answer

    What happened sounds like sudden unintended acceleration, or "SUA." It is unfortunately becoming a more common problem in today's computer-controlled cars. If someone was hurt, you may have a product liability suit against Honda. If that is the case, it's imperative that you consult with a lawyer with experience in auto products cases--there are only a few such lawyers in the state.

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  • My mom required 24/7 Oxygen. The tubing came out and the home care aid did not know get her on a portable tank and my mom died.

    The aide said she never received any training from the agency for working with my mom's oxygen. and she wasn't even licensed when the agency placed her into my mom's home. According to her they just needed a body. When the cord became tangled the...

    James’s Answer

    There is a strong possibility that the agency is liable. You could conceivably bring two claims: (1) a wrongful death claim, and (2) a claim on behalf of your mother's estate. Analyzing and filing the claims is complicated, however, so you should seek the advice of a lawyer with experience in the area.

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  • How long does a settlement take? The defendant took responsibility after the deposition phase was over. Wrongful death

    Wrongful death of a child with disabilities.

    James’s Answer

    The answer to this is clear, but that answer is not a number: settlement takes as long as it takes for the defendant to decide that it will be cheaper for him to settle out of court than take the case to trial. To put it another way, most defendants will not settle for any reasonable amount unless they know that the plaintiff is willing to try the case in front of a jury. That's why it's wise to hire a lawyer.

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  • I was in a accident where the person ran a stop sign hitting me in the side and causein my truck to flip 2 times.

    I'm having some neck n back pain n can barely left my left arm. What's a fare settlement price? Do I need a lawyer

    James’s Answer

    A fair settlement offer is one that compensates you for your injuries and pain. Whether you get that amount depends largely on what lawyer you hire. If you hire no lawyer, you're almost certain not to get a fair offer.

    Insurance companies settle only when it's in their best interest to do so. You need a lawyer who can make the insurance company want to settle. That means a lawyer who can take your case all the way to trial and win once you get there. If you want fair compensation, what you need is a trial lawyer.

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  • There has been a recall on my 2012 chevy cruze brake assist and I was involved in an accident

    I was involved in an accident in July that I was cited for but don't believe was my fault. My brakes locked up which they shouldn't have because of anti-lock brakes. A recall was just issued for my vehicle that may brake assist to be intermittent...

    James’s Answer

    If you have already paid the citation and admitted guilt, then unfortunately, there may be little that you can do about the points on your licence and payment of court costs.

    If the automobile was at fault, and the automobile caused damage to you or someone else, then you may have a product liability claim against the automaker. My firm handles many automotive product liability cases, and one crucially important fact that most people don't know is this: YOU NEED THE CAR AS EVIDENCE. So, IF you are considering bringing suit against the vehicle manufacturer, it is crucial that you do not sell the car or allow it to be destroyed.

    I'd suggest you consult with a qualified local lawyer.

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  • If I know who is impersonating me and sending out inappropriate pictures of me, what can I do about it?

    Someone got a hold of pictures I've sent my ex boyfriend and now pretending to be me in other websites like POF, Kik, etc. and sending those inappropriate pictures out to random people!! I'm 90% sure I know who it is and I don't know what to ...

    James’s Answer

    First, contact the police. Your first priority should be to stop this misconduct. The police may help, or the fact that you called the police may make the wrongdoer stop.

    Second, if the police cannot help and the wrongdoer will not stop, you may be able to get help from a private lawyer. An injunction against the wrongdoer may be available in Superior Court. That would give you a Court order directing the perpetrator to stop.

    Third, if your believe that damage has been done to your reputation and well-being, civil remedies may be available to you. Georgia recognizes some privacy-based common law doctrines that may apply depending on the facts of your case, such as appropriation of likeness and intrusion upon seclusion. Additionally, if the wrongdoer has made false representations, you may have a libel action against him or her.

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  • Can I file a personnel injury claim after an auto accident while driving a company vehicle

    i was recently rear ended in a company vehicle and sustained personnel injury, my boss is wanting to file the vehicle damage, lost wages and my personnel injury as 1 claim, and I want to know what my rights are and if i can file my own claim

    James’s Answer

    The answer is "yes." Any injury to your body caused damage to YOU, so you are entitled to pursue that claim. Any damage to the car caused damage to your company's property, so the property damage claim likely belongs to the company. But the two claims are distinct: you can bring the former, and your company can bring the latter.

    If you were hurt in the wreck, the first thing you should do is seek medical attention. Next, if you want to seek a recovery, contact a qualified personal injury lawyer to analyze and pursue your claim.

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  • Can I apply the "Make Whole Doctrine" to a health insurance company for reimbursement of their lien?

    This is a third party case.

    James’s Answer

    This is question without a simple answer. It depends on lots of factors--including whether state or federal law applies, and what language your Plan includes. Many private health insurance plans are covered by a federal statute called ERISA, and if the plan language provides for it, ERISA-governed plans are often not subject to the made-whole doctrine. However, if the Plan does not expressly disclaim the made-whole doctrine, then it may apply as a matter of federal common law. Moreover, if the plan is not subject to ERISA--if, for instance, the Plan is not private but is "governmental"--then state rather than federal law may apply. Some states have made the made-whole doctrine part of the state's official code, which can strengthen your bargaining position.

    The summary is this: it's really complicated and depends on a variety of factors. The wise course is to consult with a good lawyer in your state.

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  • Injured in a hit and run, has drivers address only info was able to get

    Not my fault

    James’s Answer

    First, notify the police and seek treatment to address your injuries. Second, retain a good lawyer if you believe you are entitled to compensation for those injuries. You will most likely have two avenues of recovery: first, the at-fault driver and any liability insurance he or she may have. Because this is a hit and run, this first avenue of recovery may also include punitive damages. Second, your own uninsured motorist policy if the at-fault driver's liability insurance is insufficient to compensate you. A good lawyer will know how to pursue both.

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