THE LAW OFFICE OF JAMES T. JOHNSON, PA
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Follow state and local news, legal issues and laws related to cases that the law offices of James T. Johnson handles. 


Martindale Hubbell



Martindale Hubbell






James T. Johnson, PA is a member of the Martindale-Hubbell Bar Register of Preeminent Lawyers, Representing the highest possible rating in both legal ability and ethical standards.
Areas of Practice

James T. Johnson of DeMent Askew, LLP specializes in trial practice.  Whether the case is an auto accident case, medical negligence or nursing home negligence, they will immediately investigate the accident, collision, or other acts of negligence that resulted in the injury and make a claim with the insurance company or other responsible party. 

If a claim cannot be settled with the insurance company, James T. Johnson of DeMent Askew, LLP will promptly file a lawsuit and bring the case to trial as expediently as possible.  Because many cases are not settled without having to file a lawsuit, it is critical that you have an experienced trial attorney on your side.

Every step of the process will be explained to you in your initial meeting with Mr. Johnson.  In addition, Mr. Johnson will be available throughout the litigation process to answer any questions you may have. 

If you or someone you care for has been seriously injured or damaged, or if someone you care for has been killed, as a result of negligence or wrongdoing, you need an attorney that is going to make a difference.  You need an attorney that is experienced in negotiating with insurance adjusters.  You need an attorney that is a seasoned trial litigator.  You need an attorney that is going to work for you and with you.  

Select an area of practice from below to learn more about Mr. Johnson's experience in that area and how he can help you succeed in winning your case.


Personal Injury

Personal Injury

 

People can be injured as a result of the negligence of others in many different ways.  Reckless driving, dangerous conditions on someone else's property, substandard healthcare, unsafe worksite conditions, lack of adequate constraint of vicious dogs are just a few of these ways.  James T. Johnson of DeMent Askew, LLP will handle any personal injury case.  They primarily handle serious personal injuries and wrongful death.  They will immediately investigate the accident or collision that resulted in the injury.  Mr. Johnson will procure all necessary medical records and bills and will then file a claim with the insurance company.  Mr. Johnson will ensure that the claim with the insurance company is filed correctly and in a professional manner, and that it includes all the necessary information to obtain the most favorable settlement for you.   If necessary, James T. Johnson of DeMent Askew, LLP will file a lawsuit and bring the case to trial as soon as possible.  Every step of the way, Mr. Johnson will be working with you and for you to obtain the most favorable outcome possible.  Please review the more detailed areas-of-practice sections below that are most applicable to your specific case.

 

Wrongful Death

 

Losing a loved one is always difficult.  It is made all the more difficult and confusing when the surviving family is left with doubts as to whether the death may have been caused by the actions or inactions of others, or whether things could have been done differently by others that could have prevented the death. 

As with a personal injury case, people can be killed as a result of the negligence of others in many different ways--reckless or careless driving, dangerous conditions on someone else’s property, substandard healthcare, unsafe worksite conditions, lack of adequate containment of vicious dogs, etc.  James T. Johnson of DeMent Askew, LLP will handle any wrongful death case.  They will immediately investigate the accident or collision that resulted in the injury.  They will procure all necessary medical records and bills and will then file a claim with the insurance company.  Mr. Johnson will ensure that the claim with the insurance company is filed correctly and in a professional manner, and that it includes all the necessary information to obtain the most favorable settlement for you.   If necessary, Mr. Johnson will file a lawsuit and bring the case to trial as soon as possible.  Every step of the way, James T. Johnson of DeMent Askew, LLP will be working with you and for you to obtain the most favorable outcome possible.  Please review the more detailed areas-of-practice section of this website that is most applicable to your specific case.

There are numerous unique aspects to the handling of a case involving wrongful death.  For someone that has lost a loved one, it is important to have a lawyer on their side that is experienced in handling wrongful death cases and can give them the advice they need, advice that is based on real case experience.

First and foremost it is essential that you receive professional and competent advice on whether you have a case.  You do not want to go through the litigation process when the merits of the case are so weak that it does not justify pursuit of a claim.  You need this answer as soon as possible.  James T. Johnson of DeMent Askew, LLP will make sure that your case is reviewed quickly and thoroughly.  If it is determined you do have a meritorious case, Mr. Johnson will assist you in the process of setting up the Estate of the deceased in the County Clerk’s Office and will help in determining who should be the Administrator of the Estate. 

Further, unique evidentiary issues can arise in wrongful death cases.  Again, it is essential to have an experienced wrongful death trial attorney on your side that has the background and knowledge necessary to tackle the different issues that may arise.  

 

Auto Accidents

 

An automobile accident occurs every 10 seconds in the United States.  The impact of an accident can range from minor injuries to death and catastrophic injuries.   More than two million people every year suffer from injuries related to vehicle crashes.  Each year, roughly half-a-million people are hospitalized due to vehicle crashes, and the wrecks cause more than $150 billion in medical and property-damage costs.  With each case, several different issues must always be addressed.  Who is at fault?  Is there a question of liability, or is liability clear?  What are the extent of the damages and injuries? Is there a lost wages claim or other economic losses? Is there permanent injury? Are there going to be future medical expenses and long-term care needs?  Had the at-fault driver been drinking at the time of the accident?  What liability insurance coverage is available from the other drivers and vehicles involved?  Is there a need to look at uninsured/underinsured coverage?

Auto AccidentMr. Johnson believes that one of the best ways to make our highways safer is to ensure that careless drivers are held accountable for their negligence.  At the personal injury firm of  DeMent Askew, LLP, they handle the claims of those that have been severely injured and the claims of families who have had a loved one killed as a result of negligent, careless or reckless drivers.   They will investigate the accident and determine the cause of the accident.  They will obtain all of your medical records and your medical bills.  They will prepare a detailed claim summary and demand letter to the liability insurance company detailing all aspects of our case and all elements of our damages.  If necessary, Mr. Johnson will promptly file a lawsuit and proceed to trial. 

You are going through a difficult ordeal.  You should not be worrying about insurance companies and the claims process.  Let James T. Johnson of DeMent Askew, LLP handle those issues for you so you can get back to focusing on your injuries and your recovery.  Mr. Johnson has the experience and knowledge you need to ensure you receive the maximum amount of compensation for all you have been through.

 

Medical Malpractice

 

When we are admitted into a hospital to have medical care and treatment provided to us, we are trusting our wellbeing and often our lives to the surgeons, other doctors and nurses that are treating us.  We expect doctors and nurses to treat us pursuant to their training and experience, to use the best technology available, and to use their best judgment.  Almost always, the healthcare providers treating us do an excellent job, and we owe them thanks for the work they do.  Unfortunately, sometimes doctors and nurses make mistakes through carelessness or negligence.  Mistakes made by doctors and nurses can have drastic consequences.  

James T. Johnson of DeMent Askew, LLP will handle the claims of those that have been severely injured and the claims of families who have had a loved one killed as a result of the negligence or carelessness of healthcare providers.   Medical malpractice claims are very serious and the firm of James T. Johnson, PA treats every malpractice claim with the time and attention it deserves.  They will obtain all of the pertinent medical records.  They will review the medical records to determine if the treatment rendered was substandard, or fell below the standard of care for your community.  Mr. Johnson regularly utilizes the services of legal-nurse consultants in his medical malpractice cases to perform record reviews and prepare case summaries.   Mr. Johnson also has an extensive base of doctors and nurses that have been used as expert consultants and expert witnesses in past cases.  Mr. Johnson will review your case with one or more expert consultants to determine the likelihood of success for your case if we take it to trial.   Mr. Johnson will provide you the best information possible in order for you to make the decision as to whether you want to pursue a medical malpractice claim.  

If a decision is made to pursue a malpractice claim, and it is believed that a settlement is possible; James T. Johnson of DeMent Askew, LLP will prepare a detailed claim summary and demand letter to the liability insurance company detailing all aspects of our case and all elements of  damages.  If necessary, Mr. Johnson will promptly file a lawsuit and proceed to trial.   

Some of the medical malpractice claims James T. Johnson of DeMent Askew, LLP handles include:

  • Emergency room errors, EMT negligence

  • Surgical errorsMedical Malpractice

  • Leaving medical instruments or sponges in the body after surgery

  • Failure to timely diagnose illnesses, including cancer

  • Failure to properly treat illnesses

  • Birth injury or wrongful death claims

  • Failure to detect or properly treat bedsores

  • Nursing home neglect or abuse

  • Performing the wrong medical procedure or the right procedure on the wrong part of the body

  • Improper prescription medication  

James T. Johnson of DeMent Askew, LLP has the experience, knowledge and resources necessary to handle major medical malpractice or wrongful death cases and to maximize to the fullest extent the compensation you or your family receives. 

 

 Premises Liability

 

Whether you are a guest, invitee or even a trespasser on someone else’s property, the property owner and/or business owner has certain obligations to keep their property safe and secure.  Unsafe or dangerous conditions that were known or should have been known to the property owner but were not corrected or repaired can often cause accidents resulting in serious personal injuries, and unfortunately, sometimes death.

If you have been severely injured on someone else’s property, either public or private, you may be entitled to compensation from the landowner or from the business owner that was responsible for maintaining the area in which you were injured.  Whether you were injured on a friend or neighbor’s property, in a restaurant, in a store or other business establishment, in a parking lot, in or on the grounds of an apartment complex, or on a sidewalk, the Raleigh personal injury law firm of DeMent Askew and James T. Johnson can assist you in evaluating the merits of your claim.  They will investigate the accident scene, obtain any necessary pictures and other evidence, and interview witnesses to determine the cause of the accident.   If Mr. Johnson believes your injuries were caused by the negligence of others, the they will obtain all of your medical records and your medical bills.  They will then prepare a detailed claim summary and demand letter to the appropriate liability insurance company detailing all aspects of your case and all elements of your damages.  If necessary, Mr. Johnson will promptly file a lawsuit and proceed to trial.

James T. Johnson of DeMent Askew, LLP have the experience, knowledge and resources necessary to handle major premises liability accident or wrongful death cases and to maximize to the fullest extent the compensation you or your family receives. 

 

Animal Attacks

 

With an ever increasing population here in North Carolina, the number of pets is also increasing.  Everyone should have the right to own a pet; however, along with pet ownership comes a significant amount of responsibility.  The owner or keeper of a pet is responsible for keeping his/her pet under adequate control and supervision at all times.  When vicious dogs are involved, the required level of control increases.  If an owner or keeper of a pet fails to adequately control or supervise the pet, serious injuries can result.  An attack by a vicious dog can cause severe injuries requiring extensive medical treatment, lost time out of work or school, and permanent scarring.   It is most concerning when a vicious dog attacks a child who is less capable of warding off or escaping the attack.  Sometimes these attacks are fatal. 

 Animal Attacks

Being attacked by an animal can be a very traumatic experience, and should be taken very seriously.  The Law Office of James T. Johnson, PA represents persons that have been injured from a dog bite or other animal attack.   They will initially contact the pertinent animal control authorities and obtain all related reports.   They perform the necessary investigation to determine all responsible parties.  Sometimes there are multiple responsible parties—such as when there are co-owners of a pet, or when a renter owned the pet, but the landlord was also negligent in maintaining proper facilities.  They will also assist in ensuring that, when appropriate, the proper criminal charges are filed against the owner[s] of the pet and that all criminal and/or civil fines are levied against the responsible parties. 

Mr. Johnson will investigate the scene, obtain any necessary pictures and other evidence, and interview all witnesses.   They will obtain all of your medical records and your medical bills.  Mr. Johnson will prepare a detailed claim summary and demand letter to the appropriate liability insurance company detailing all aspects of your case and all elements of your damages.  If necessary, James T. Johnson of DeMent Askew, LLP will promptly file a lawsuit and proceed to trial.

James T. Johnson of DeMent Askew, LLP has the experience, knowledge and resources necessary to handle major dog bite or animal attack cases and to maximize to the fullest extent the compensation you or your family receives. 

 

Insurance Law

 

Sometimes when an accident resulting in personal injury occurs, a dispute arises as to whether the pertinent liability insurance policy provides coverage for the injuries.  This may require that a separate lawsuit called a declaratory judgment action be filed to determine the parties rights under the insurance policy at issue.

Often, an accident resulting in personal injury is caused by an uninsured, or underinsured, driver.  Under these circumstances, it may be necessary for the injured party to make a claim, or possibly file a lawsuit, against his or her own insurance company to receive the uninsured or underinsured coverage available under the insured party’s policy. 

Another frequent insurance litigation scenario that frequently arises is when a liability insurance company unjustifiably refuses to settle or pay a claim.  This can be the basis of a bad faith lawsuit directly against the insurance company.

It is important to know and understand North Carolina insurance law, otherwise, you may miss out on significant coverage options.  James T. Johnson of DeMent Askew, LLP handles these insurance law and coverage disputes.  Mr. Johnson has personal, extensive experience in fighting insurance companies not just on the injury claim itself, but all other peripheral issues that may arise.  Mr. Johnson will maximize to the fullest extent the compensation you or your family receives. 

 

Commercial Trucking Accidents

 

North Carolina’s highways are becoming increasingly crowded.  Trucks, including large 18-wheelers, often traveling in transit passing through our state, sometimes ignore federal common carrier transport safety regulations.  The consequences can result in severe personal injury and sometimes death.   Mr. Johnson has personal experience in helping those that have been injured, and helping the families that have had a loved one killed, in severe trucking accidents.

Commercial Trucking AccidentsIf you or a loved one has been injured or killed in a trucking accident, it is important to contact a seasoned and experienced trial attorney as soon as possible.  Trucks have “black-boxes” that record vital information including trip details, speed, timing of application of brakes, etc.  Further, commercial trucking companies will send their inspectors and accident re-constructionists to the scene shortly after the accident to investigate the accident.  The Law Office of James T. Johnson, PA will ensure that this information is preserved.  In addition, it may be necessary to send an accident re-constructionist to the scene to perform an individual investigation on your behalf.  It is important to perform these tasks in a timely manner since accident re-constructionists like to perform their investigation as soon after the accident as possible. Mr. Johnson has the experience and resources to independently determine the cause of the accident, and he will ensure that you maximize your settlement or recovery potential to the fullest extent.     

You are going through a difficult ordeal.  You should not be worrying about insurance companies and the claims process.  Let James T. Johnson of DeMent Askew, LLP handle those issues for you so you can get back to focusing on your injuries and your recovery.  

 

Commercial and Construction Litigation

 

Frequently the owners of a closely held company get into disputes with each other over how the business should be run.  Sometimes businesses get into disputes with other businesses regarding the terms of a contract or the goods/services that have been delivered.  Also, disputes can arise between owners and their contractors, or contractors and their subcontractors regarding work performed and/or money owed.  James T. Johnson of DeMent Askew, LLP has significant experience in these areas and handles most all commercial and construction litigation.  They have the knowledge and experience necessary to fight for you and ensure you obtain a favorable outcome.  

 

Nursing Home Negligence

 

James T. Johnson of DeMent Askew, LLP will handle any nursing home or assisted living negligence case.  If you believe someone you care for has not received proper care or treatment by a nursing home or assisted living facility, you should call an attorney to ensure that your rights are protected.  It is painful to see a loved one being mistreated in any way.  It is also difficult to come to the realization that your loved one has in fact been mistreated.  You may have taken part in the decision to place your loved one in this particular facility.  Therefore, you may be experiencing a period of denial in which you are having difficulty grasping the reality that this facility in which you placed your complete trust and confidence has neglected or mistreated someone you care for dearly.  Mr. Johnson will assist you in dealing with this reality. 

Nursing Home Negligence

It is commonly difficult to determine whether a nursing home or assisted living facility has committed negligence without carefully scrutinizing the records.  Mr. Johnson will carefully review all of the records and will also have the records reviewed by one of the many expert physicians or nurses he has used to assist him with nursing home cases in the past. Mr. Johnson will attempt to settle the case without filing a lawsuit.  If necessary, he will file a lawsuit and bring the case to trial as soon as possible.  Every step of the way, James T. Johnson of DeMent Askew, LLP will be working with you and for you to obtain the most favorable outcome possible.