James J. (Jay) Mills

James J. (Jay) Mills

Attorney Profile

Top Rated Personal Injury Attorney in Raleigh, NC

Burns Day & Presnell, PA
 | 2626 Glenwood Avenue, Suite 560
Raleigh, NC 27608
Phone: 919-235-3824
Fax: 919-782-2311
Selected To Super Lawyers: 2020
Selected To Rising Stars: 2005 - 2006, 2015 - 2016
Licensed Since: 2007
Practice Areas:
  • Personal Injury - General: Plaintiff (30%),
  • Estate & Trust Litigation (50%),
  • General Litigation (20%)
Attorney Profile

Jay is a litigator.  He focuses his practice on two areas of the law: (1) serious personal injury claims; and (2) estate dispute claims.  Jay has represented victims and their families in wrongful death claims, automobile accident claims, bike accident claims, airplane crash claims, product liability claims, medical malpractice claims, and a host of other serious personal injury claims.  He has been plaintiff's counsel in numerous 6 and 7-figure settlements and verdicts. 


With respect to his estate dispute practice, Jay has filed and defended a number of will caveat proceedings, as well as claims relating to breaches of fiduciary duties, financial fraud, misappropriation of funds, and interference with prospective inheritances and life insurance benefits.  He also works with families and individuals in an effort to resolve estate-related claims without having to file suit.  He is an inaugural member of the North Carolina Bar Association's Fiduciary Litigation Committee.


Jay has taken several cases to jury trial, and handles all aspects of litigation - from pre-suit negotiations through appeal, when necessary.  He handles some claims on a contingency-fee basis (meaning he is paid only if he is able to recover money for his clients), and other claims on an hourly basis or flat fee arrangement.  Jay works with each of his clients at the outset to ensure that an appropriate fee arrangement is agreed upon and followed on each file.


Jay graduated Magna Cum Laude from Wake Forest University in 1998.  He finished his undergraduate studies a full semester early.  After college, he received his law degree from the University of North Carolina School Of Law in 2002. During law school he received the Gressman-Pollit Award for outstanding oral advocacy, was invited to join the North Carolina Law Review, was a member of the Holderness Moot Court team, and was a founding member of the North Carolina Journal of Law and Technology.  As a result of his accomplishments at UNC, he graduated law school "With Honors".


After law school, Jay moved to Atlanta, Georgia, and began his legal career with Troutman Sanders LLP - one of the largest law firms in the country. He has been named a "Rising Star in Litigation" by Law and Politics and Atlanta Magazine - an honor achieved each year by less than three percent of Georgia attorneys under the age of forty. While in Atlanta, Jay represented several large corporations, including Georgia Power, Wachovia Bank, CNN, Carmike Cinemas, and others. He also represented a number of individual clients, largely on a pro-bono basis, and was recognized by Troutman Sanders for excellence in pro-bono advocacy several times.


In 2007, Jay moved to Raleigh and joined Burns, Day & Presnell, P.A., where he is now a Partner.  Jay is licensed to practice law in state and federal courts in North Carolina and Georgia, and also has been admitted to practice in both the Fourth and Eleventh Circuit Courts of Appeals. He is a member of the North Carolina Bar Association, the Georgia Bar Association, and the American Bar Association.

About James Mills

Admitted: 2007, North Carolina

Professional Webpage: http://www.burnsdaypresnell.com/attorneys/jay-mills/

Bar/Professional Activity:

  • Inaugural member of Fiduciary Litigation Committee, North Carolina Bar, 2012


  • $250,000 settlement reached pre-suit for person challenging will of her aunt., 2019
  • $60,000 settlement reached for person injured at a college party when someone backed into him.  Responsible party was driving injured party's truck.  Accident happened at approximately 4 a.m.  Liability and causation were heavily disputed., 2019
  • $270,000 settlement reached after person was hit by 18-wheeler.  Causation of injuries highly contested., 2019
  • $1.2 million settlement in favor of two nieces who challenged a will allegedly executed by their uncle.  The uncle changed his will shortly before death and left his entire estate to his neighbor and caretaker.  The nieces, who lived overseas, challenged the will., 2018
  • $130,000 settlement in favor of client who was injured while a passenger in a car with a drunk driver who ran off the side of the road., 2018
  • $150,000 settlement reached in favor of child injured at day care facility., 2018
  • $850,000 settlement in wrongful death claim when good samaritan was killed while trying to assist injured parties on side of roadway., 2018
  • $2.5 million settlement for family injured in car accident.  Mother lost her lower left leg.  Husband and son received less-severe injuries., 2018
  • $2.25 million settlement in business valuation dispute., 2017
  • $150,000 settlement in favor of client injured in car crash. Causation of injuries were disputed due to client's extensive pre-existing medical issues., 2017
  • $195,000 settlement reached in favor of client who tripped and fell at local store.  Liability was denied and no offer was made prior to filing suit., 2016
  • $2,000,000 settlement in favor of client who challenged a will executed by his aunt.  Challenged will left $500,000 to client., 2016
  • $2.25 million settlement reached in favor of driver in single-person car accident.  Client was left paralyzed from chest down.  Liability was hotly contested. , 2015

Representative Clients:

  • Estate clients: represented clients on both sides of caveats to wills; successfully negotiated and settled many claims without needing to resort to litigation; challenged insurance beneficiary designations; several other estate-related matters., 2018
  • Estate clients: represented clients in defense of wills and in challenge of wills; represented individuals relating to guardianship of family members; successful appeals of clerk's rulings and orders; and many other estate clients., 2019
  • Injury clients: Represented clients injured in car crashes, clients injured at restaurants, clients injured due to medical malpractice, children injured at day care facilities, and many other injured clients., 2018
  • Injury clients: represented clients injured in car crashes; pedestrians injured by vehicles; children injured in autistic-care facilities; clients injured due to medical malpractice; and many other injured individuals and their families., 2019

Educational Background:

  • University of North Carolina School of Law, with honors, 2002
  • Wake Forest University, Magna Cum Laude, 1998
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Office Location for James J. (Jay) Mills

2626 Glenwood Avenue
Suite 560
Raleigh, NC 27608

James J. (Jay) Mills:

Last Updated: 8/21/2019

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