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West Virginia Personal Injury Questions & Answers
1 Answer | Asked in Car Accidents and Personal Injury for West Virginia on
Q: I was in an accident which I was in the process of being towed the tow truck driver ask me to sit in my truck and

Release the breaks and I was hit hooked to the truck. Do I have a claim against the tow truck company also?

D. Michael Burke Esq
D. Michael Burke Esq
answered on May 7, 2018

Possibly, but the far better case against the driver who hit your car while you were being towed (if I fully understand your situation). In any event, you cannot collect twice for the same injury or damage; I would pursue a claim against the tow truck company only if the at-fault driver did not... Read more »

1 Answer | Asked in Animal / Dog Law and Personal Injury for West Virginia on
Q: Two different people ran over two of my dogs , in a 15 minute period , while I was tending to my dog whisper a car came

Flying down the road going about 80 and swerved intentionally and hit my other dog that was down their with me , me and my fiancé had our lights on so they definitely seen us , and my dog was on the side of the road where the gravel is . Neither car stopped . Is their anything we can do ?

D. Michael Burke Esq
D. Michael Burke Esq
answered on Apr 8, 2018

It appears from your question that you do not know the identity of either of the drivers. Without knowing who the drivers were, it would be impossible to take action against them. Even if you knew who the drivers were, a civil case would have limited value in West Virginia. West Virginia law... Read more »

1 Answer | Asked in Personal Injury for West Virginia on
Q: I cannot find my lawsuit that we filed on december 13 2017 anywhere. Not here or pacer??

Filed state. Yes we have a lawyer. I have the paperwork. The company still has not responded

D. Michael Burke Esq
D. Michael Burke Esq
answered on Mar 29, 2018

Do you have an attorney? In what court did you file your suit--Federal or State? Pacer is Federal; if you filed in West Virginia State Circuit Court, you will need to contact the Circuit Clerk in the county where you filed your case. Might you have filed it in Magistrate Court? I will need more... Read more »

1 Answer | Asked in Personal Injury for West Virginia on
Q: Slipped in the grocery store -- there was no sign the floor was wet - are they legally required to do that?
D. Michael Burke Esq
D. Michael Burke Esq
answered on Mar 16, 2018

The store's duty is to provide a safe place to shop. If the store's employees knew of the liquid on the floor, they should have cleaned it up, or at least warned that the floor was wet. If the employees knew, or should have known, of the wet floor, the store may be liable for any injuries... Read more »

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...
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 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 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 »

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...
Read more »

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?
Peter N. Munsing
Peter N. Munsing
answered on Jul 21, 2017

Depends on the situation. As these cases are specialized, contact the WVa. Civil Liberties Union and ask for their prison litigation section then ask them for the names of "cooperating attorneys." They will be in the best position to guide you.

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2 Answers | Asked in Personal Injury, Products Liability and Civil Litigation for West Virginia on
Q: Why would the lawyers representativing me not be the lawyers I signed a contract with?

I am the mdl in the west Virginia court and I see I have a case and number but the lawyer representativing is from another law firm si I am confused. Also do you have to be present for these trials

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on May 16, 2017

I would suggest you get a clear answer to your question about who your attorney is from the counsel you originally hired and signed a contract with. In many of these MDL product defect cases, lawyers will collaborate with other lawyers/law firms who may have already litigated the same type of case... 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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1 Answer | Asked in Personal Injury for West Virginia on
Q: Can you be considered less at fault for a car accident if it was raining?
Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2017

No. You are supposed to adjust your speed for conditions. If yoiu brake and slide you were going to fast for conditions "then upon the roadway." You hydro--you didn't slow down enough.Sorry.

1 Answer | Asked in Personal Injury and Wrongful Death for West Virginia on
Q: Wrongful death. The settlement wasn't the agreed amount. Do I still have to pay 33% to lawyer.

My dads wrongful death settlement. Lawyer told me not to come to the hearing. Only ended up getting $17,000. And then only 11,000 after lawyer fees.

Peter N. Munsing
Peter N. Munsing
answered on Feb 22, 2017

Not sure as to the amount. Fee for a recovery of $17 to you sounds about right.

As tothe amount ot the settlement, understand what the total was, then ask a West Virginia Trial Lawyers Assn member about it.

1 Answer | Asked in Personal Injury and Medical Malpractice for West Virginia on
Q: My dad has cancer from a tumor in his cheek that his Dr told him was probably nothing last year. Can we sue?

He had surgery to remove the tumor yesterday. It has spread to his jaw and now requires a longer and more risky surgery. He's 81 years old

Peter N. Munsing
Peter N. Munsing
answered on Jan 19, 2017

A lawyer would need to see the records but it certainly would warrant being looked at. I suggest your dad contact a member of the W.Va.Assn for Justice that handles medical carelessness cases--they give free consultations.

All the bet to your dad.

1 Answer | Asked in Personal Injury for West Virginia on
Q: I put the full down payment and have been making monthly payments on a car that is only in my now ex-girlfriend's name

because my credit was too poor to secure the loan. She won't release the car to me even though she's made zero payments on it. Do I have any legal recourse to get it back or at least get her to reimburse me for the money I'm out?

Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2016

You have apurchase money security interest however she will claim it's a gift. If the loan isn't in your name you can threaten to stop making payments--depending how much you have in with how much it will cost to get it back, may be worth it just to leave it that way.See if she'll... Read more »

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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1 Answer | Asked in Constitutional Law, Civil Rights and Personal Injury for West Virginia on
Q: Lawyer guilty of invasion of privacy?

Lawyer presented a video, in court obtained from her client ,in his home with out knowledge of wife being videoed with some nudity. Does the wife not have some right to privacy inher own home?

Peter N. Munsing
Peter N. Munsing
answered on Oct 4, 2016

Depends on the situation. But frequently surveillance videos are allowed that show other people. Talk to your lawyer if you had one there. The lawyer wouldn't be violating anything if the Court allowed it.

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.

David Alan Wolf
PREMIUM
David Alan Wolf
answered on May 28, 2016

It appears that there is some kind of administrative action pending regarding this incident. There may even be a criminal action but it is most likely just an administrative action. You can still pursue your own civil claim or case regardless of the pursuit or result of the admnistrative case by... Read more »

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1 Answer | Asked in Personal Injury for West Virginia on
Q: I HAD A STEEL BEAM FALL FROM CEILING HIT BACK OF HEAD AND METAL FROM IT SLICED BACK OF NECK 14 STICHES HAVING HEAD ACES

CAN I SUE

David Alan Wolf
PREMIUM
David Alan Wolf
answered on Apr 12, 2016

It depends on the facts and circumstances. You certainly suffered injuries. The pursuit and recovery on a case and claim varies from State to State. If the injury occurred while you were at work, you have a worker's compensation claim to pursue. There may be a cause of action against the... Read more »

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