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Questions Answered by D. Michael Burke Esq
1 Answer | Asked in Personal Injury for West Virginia on
Q: My neighbor left his front door open and his dog ran out and bit my daughter.

How can I get him to pay for the medical bills but not get his dog in trouble?

D. Michael Burke Esq
D. Michael Burke Esq
answered on Feb 2, 2018

In West Virginia, a dog owner is liable for any damage caused by a dog running at large. If you can get the name of your neighbor's homeowner's insurance company, file a claim. The insurance company will pay your daughter's damages.

I strongly recommend that you contact a...
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1 Answer | Asked in Wrongful Death and Probate for West Virginia on
Q: Can i take my dads estate to surpream court if i feel there are attorneys doing things wrong on my dads estate

I have never been through this and my grandma is dirty i want something done my attorney isnt helping me i want tgis taken higher and im not satisfied with any of it

D. Michael Burke Esq
D. Michael Burke Esq
answered on Feb 2, 2018

There is no way to answer your question without more information. When did your father die? Did he leave a will? Was his death due to natural causes, or as a result of a wrongful act? Is your grandmother the personal representative of the estate? Who are the attorneys, whom do they represent, and... Read more »

1 Answer | Asked in Insurance Bad Faith for West Virginia on
Q: On December 8, 2017, my family suffered a house fire.

We immediately called to start a claim. The insurance claims adjustor said he did not need to send out a fire investigator on December 12, 2017. He asked that I make a list of lost items and send it to him, which I did on December 22, 2017. After that he claimed to be working on an estimate. On... Read more »

D. Michael Burke Esq
D. Michael Burke Esq
answered on Jan 28, 2018

I suggest that you at least contact an attorney to discuss your potential case against your insurance company. You should also try to obtain a copy of the fire investigative report from the local fire department or chief, and from the State Fire Marshall's office.

1 Answer | Asked in Medical Malpractice for West Virginia on
Q: Ive been on levothyroxine since I was around 19, I Am Now 33. few months ago my doctor refused to refill my prescription

Ive been on levothyroxine since I was around 19, I Am Now 33. few months ago my doctor refused to refill my prescription until I came in. I went in so they could take my thyroid levels. Everything was normal so she refused to refill my medicine.Completely Stopped Cold Turkey.The medicine was still... Read more »

D. Michael Burke Esq
D. Michael Burke Esq
answered on Jan 23, 2018

If we assume (and it's a big assumption) that the doctor fell below the accepted standard of care when he took you off your medication, a jury where I practice would not award you enough to make your case worth the time and expense it would take to pursue it. Medical malpractice cases are... Read more »

1 Answer | Asked in Car Accidents and Traffic Tickets for West Virginia on
Q: In WV is it legal to drive over a sidewalk with a yellow line to park in a parking place?
D. Michael Burke Esq
D. Michael Burke Esq
answered on Dec 12, 2017

Probably not, but it is difficult to say because I don't have enough information. Did the driver drive clear across the sidewalk to reach an empty parking space in a parking lot? Or did the driver inadvertently drive one tire over the edge of a curb while parallel parking? Without more facts,... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation and Animal / Dog Law for West Virginia on
Q: What do i do?

I'm a delivery driver for papa John's and friday night i was on a delivery and was attacked by the owners dog while going to knock on the door. I did not see any beware of dog signs and the owners of the dog wouldn't even come outside two younger children come out and got the pizza.... Read more »

D. Michael Burke Esq
D. Michael Burke Esq
answered on Nov 19, 2017

You may have a case against the homeowner, as well as a Workers' Comp claim. Have you seen a doctor? You will receive nothing (or very little) if you don't seek medical attention. Our office no longer handles Workers' Comp cases, but the rule used to be that you had to miss at least... Read more »

2 Answers | Asked in Wrongful Death, Agricultural Law and Animal / Dog Law for West Virginia on
Q: Hi I had a person to come and pick up a bull from my farm he kept saying he would

So he was suppose to collect the bull on a Friday but never came and the bull died on Sunday does he have any fault in the bull not been taken

D. Michael Burke Esq
D. Michael Burke Esq
answered on Nov 2, 2017

It does not appear that the "bull collector" did anything cause the bull to die, so I do not see how he could be responsible for any damages for the bull's death.

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2 Answers | Asked in Personal Injury and Criminal Law for West Virginia on
Q: What makes something an intentional tort instead of a criminal act? Who decides what claims to go civil versus criminal

court?

D. Michael Burke Esq
D. Michael Burke Esq
answered on Nov 1, 2017

Most--if not all--intentional torts ARE criminal acts. Assaults, intentionally running a vehicle into another vehicle, stealing, fraud, and other intentional, wrongful acts are both crimes and torts. I am hard-pressed to think of an intentional tort that is not a crime, but whether the criminal... Read more »

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1 Answer | Asked in Medical Malpractice for West Virginia on
Q: I asked about medical malpractice due to my left leg being broken and suffering

I'm wondering if the hospital or staff is responsible for allowing the fall to happen. I was an RN before I retired and I can't imagine leaving someone unattended while they are loopy from anesthesia and trying to get out of bed!

My partner says they finally put restraints on me... Read more »

D. Michael Burke Esq
D. Michael Burke Esq
answered on Nov 1, 2017

If you are the person who asked a similar question yesterday, the answer I gave to that question still largely applies. Whether you have a case or not is more of a medical issue than a legal issue at this point. If it was a nurse whom you believe was negligent, then your attorney must hire a nurse... Read more »

1 Answer | Asked in Medical Malpractice for West Virginia on
Q: While I was recovering, from a broken left lower leg surgery, I apparently tried to get up and was found on the floor by

staff and taken back to surgery since I rebroke my leg on the fall

The doctor couldn't repair it as well as he did the first time

Now I have one leg shorter than the other. I was at a rehab hospital for around 5 mo.. Oh theres more to it than

this, but that's the basics to start with.

D. Michael Burke Esq
D. Michael Burke Esq
answered on Oct 31, 2017

To successfully recover from a doctor, you must prove that the doctor was negligent. In other words, the doctor's level of care fell below the standard required of a doctor with similar qualifications facing the same medical situation as the doctor you want to sue. Medical testimony must be... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for West Virginia on
Q: If I hit a jaywalker and I still at fault?
D. Michael Burke Esq
D. Michael Burke Esq
answered on Sep 29, 2017

It depends. If your fault as the driver is greater than the jaywalker, you can be responsible for your percentage of the total fault. For example, if you are speeding through downtown Morgantown near the WVU campus when students are everywhere, and you hit one because you are in a hurry, you would... Read more »

2 Answers | Asked in Wrongful Death for West Virginia on
Q: Just about a week ago to this day I got a knock on my door, to find out it was the office clerk at the apartments

She handed me a paper which had a court date and time on it ,low and behold I recognize the court hearing for my dad's wrongful death lawsuit was 15 min after receiving the paper. There was no way I could have even made it there In that amount of time. Therefore the hearing went on without me... Read more »

D. Michael Burke Esq
D. Michael Burke Esq
answered on Feb 2, 2018

You need to speak with an attorney in West Virginia. You may have a case against the personal representative, and possibly against the attorney handling the wrongful death case. Call me if you wish to discuss this case. My number is (304) 263-0900. I can refer you to another attorney if the case is... Read more »

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1 Answer | Asked in Personal Injury for West Virginia on
Q: My son was in a physical fight while drunk and was injured

-- will insurance cover any of the costs if he is the one that started the fight?

D. Michael Burke Esq
D. Michael Burke Esq
answered on Aug 25, 2017

His health insurance will pay his medical bills to the extent his policy provides and subject to his deductible, regardless of who started the fight.

It is unlikely that any policy providing liability insurance will pay either party in a fight. Most liability policies exclude coverage for...
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2 Answers | Asked in Personal Injury for West Virginia on
Q: Is it possible to file a personal injury claim from an injury suffered while in prison?
D. Michael Burke Esq
D. Michael Burke Esq
answered on Jul 27, 2017

Yes, you can sue for a personal injury suffered while in prison. That kind of case can be very tricky, though, because prison personnel can sometimes be immune from liability, depending on the circumstances. And, of course, the injury must be the fault of someone other than yourself. From a... Read more »

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1 Answer | Asked in Health Care Law and Medical Malpractice for West Virginia on
Q: My mom was in the hospital from trying to commit suicide and then was placed under suicide watch

While being in suicide watch she was able to leave her room barracade herself and hang herself she died but the hospital was able to revive her can I sue and win the case for the hospital's negligence to even let it happen in the first place

D. Michael Burke Esq
D. Michael Burke Esq
answered on Jun 26, 2017

No, you cannot sue for anything. If there is a case, it is your mother's case. The hospital may be negligent, but the damages your mother suffered may not justify spending the substantial money and investing the time it takes to prosecute a medical negligence case. If your mother, or her... Read more »

2 Answers | Asked in Car Accidents for West Virginia on
Q: I want to sue for punitive damages for a car accident do I just go to my local court and file a law suite.

Do I fIle that against the insurance company and the insurer.

D. Michael Burke Esq
D. Michael Burke Esq
answered on Jun 22, 2017

In West Virginia, you must sue the owner of the car and the driver, if the driver is not the owner. You cannot sue the owner's or driver's insurance company. Their insurance company will hire an attorney to represent them.

I think that you mean "compensatory damages,"...
Read more »

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2 Answers | Asked in Personal Injury for West Virginia on
Q: If someone injures you with a BB gun when they were trying to hunt can you sue them?
D. Michael Burke Esq
D. Michael Burke Esq
answered on Mar 31, 2017

Yes. Whether your injuries are serious enough to justify a lawsuit is another issue. I would recommend that you speak with an attorney in Huntington who represents injured people to ask what your options are.

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2 Answers | Asked in Personal Injury for West Virginia on
Q: I was in a car accident and the insurance only covers liability, what does that mean?
D. Michael Burke Esq
D. Michael Burke Esq
answered on Oct 28, 2016

Liability coverage applies when a driver is at fault (in other words, is "liable"), and is used to pay the damages of someone who is not more than 50% at fault. If your insurance policy provides only liability coverage, you will not be able to make a claim against your policy, regardless... Read more »

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2 Answers | Asked in Animal / Dog Law and Personal Injury for West Virginia on
Q: was bit by a dog and it left puncture wounds and bruising. I called police and it is going to court. why?

was walking down sidewalk and a dog was chained to their front yard and was able to reach the sidewalk and bite me leaving teeth marks through my clothes and bit hard enough to draw blood.

D. Michael Burke Esq
D. Michael Burke Esq
answered on Sep 1, 2016

At this point, it sounds like the dog may be the subject of a hearing a hearing to determine if the dog is vicious or not. The City of Morgantown or Monongalia may have a vicious dog ordinance which applies in your situation. You still have a case against the owner or keeper of the dog, and should... Read more »

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