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James Edward Butler III

James Butler’s Answers

17 total


  • I have been in an accident and am receiving surgery on both my wrists.

    The insurance company for the insured has stated that the limits of her liability policy is only $50,000. I am afraid that my medical school come close to that and I have suffered greatly over the last year until they finally did an MRI and got my...

    James’s Answer

    The answer is, 'sometimes.' There are three basic ways to seek additional funds.

    The first involves liability coverage. Often, my firm finds that there is more liability coverage available than the insurance companies initially admit. For instance, in one recent case, we discovered that the at-fault driver did not actually own the car being driven, and we were able to collect from the policies of the at-fault driver and the owner. In another case, we have used the "family purpose doctrine" to seek additional funds for our client. In still another case, the misconduct of the insurance company enabled our client to collect millions of dollars even though the liability policy was only $25,000. In sum, there are ways to find more money—but your lawyer needs to know what he or she is doing.

    The second way involves finding different types of insurance. One other type of insurance we often find is uninsured motorist, or "UM," coverage. In Georgia, a driver with too little insurance is treated similarly to a driver with no insurance—which can help injured victims. Sometimes, using the “written-rejection rule,” we are even able to find UM insurance for clients who did not realize that they had it. Occasionally umbrella policies are also available. One method of discovering this information is to send the insurer or at-fault driver a letter pursuant to OCGA 33-3-28.

    The third method involves finding an additional defendant. In significant injury cases, our firm considers driver's employers, vehicle manufacturers, dram shops, and GDOT as potential defendants. All of this can help our clients tremendously. There are lots of alternatives, but your lawyer needs to know the law and know how to litigate cases.

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  • Does going to the chiropractor interfere with my settlement?

    none

    James’s Answer

    Your FIRST priority should be getting healthy and recovering--so make sure your body receives the care that it needs. Take care of your body first, and then let your lawyer handle the legal case. That's our job!

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  • Do i need a negligence/malpractice attorney?

    I fell off a ladder and broke my heel. It was a bad break,and required surgery to fix,the initial surgeon installed 3 large bolts and washers to fix,and the initial surgery left screw heads protruding through my heel,which damaged my tendons badly...

    James’s Answer

    You may have a medical malpractice case. The reason you should speak with a lawyers is that medical malpractice cases are difficult to identify--whether a valid case exists depends on at least two factors: (1) the details of the medical records, and (2) the intricacies of state law. A good lawyer can obtain the medical records, review them, and then give you a good answer about whether you have a good case.

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  • 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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