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West Virginia Personal Injury Questions & Answers
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
D. Michael Burke
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... View 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
D. Michael Burke
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?
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
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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... View 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
D. Michael Burke
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... View 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
D. Michael Burke
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... View 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
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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... View 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
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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... View More

1 Answer | Asked in Personal Injury and Real Estate Law for West Virginia on
Q: I can't get answers from a insurance company who customer destroyed my porch ,etc. 3 weeks ago should I get a lawyer?

They have already sent in two adjusters and all I keep getting them to tell me is they havn't received papers from them yet . not only did my 31 ft. porch collapse but it done something to my foundation under my living room

Adam Studnicki
Adam Studnicki
answered on Feb 12, 2016

A strong letter from a lawyer might help.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem...
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1 Answer | Asked in Personal Injury for West Virginia on
Q: WHAT DOES TORTS;OTHER PERSONAL INJURY REFER TOO?
John M DeProspo
John M DeProspo
answered on May 4, 2015

Torts are wrongdoings that are done by one party against another. As a result of the wrongdoing, the injured person may take civil action against the other party. If the wrongdoing, or negligence, harms an individual, it would be considered a personal injury claim.

2 Answers | Asked in Personal Injury for West Virginia on
Q: When you hire a lawyer for an injury case, does the client pay for any Dr. to come and testify on my behalf? or who pays

Also, once you hire an Attorney for the 33.1/3% are they to tack additional fees like money for research from like West Law? because I have many many charges for them some were over $800. at one time then there were $200. and the some, plus I had to pay for my Dr $5000. to come to testify for me,... View More

William E. Johnson
William E. Johnson
answered on Aug 6, 2014

Look to your initial contract that you signed with your attorney. It should specify when and where the costs should be deducted.

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1 Answer | Asked in Personal Injury for West Virginia on
Q: Is their a statue of time for insurers that has to get the check to the lawyer in wv in a wrongful death case
Charles Snyderman
Charles Snyderman
answered on Jun 22, 2014

You say you have an attorney. I advise you to discuss this with your attorney.

2 Answers | Asked in Personal Injury for West Virginia on
Q: How do I file a personal injury claim. I live in Jefferson Co WV. I was hurt in a car accident that was not my fault.
William S. Adams
William S. Adams
answered on Feb 28, 2012

I would recommend that you speak with a local West Virginia personal injury attorney regarding your accident and filing a claim for damages. Be wary of giving statements to and negotiating with the insurance company representative, as you don't want to unwittingly say anything that may harm... View More

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1 Answer | Asked in Personal Injury for West Virginia on
Q: What is the penalty for fleeing the scene of an accident with bodily harm

11year old boy hitanrun&fleeing with bodily harm

Herbert G. Farber
Herbert G. Farber
answered on Nov 26, 2011

The criminal penalties for a hit and run collision will vary from state to state and will depend on many factors including whether the responsible driver was under the influence of alcohol, had prior convictions, etc.

Regardless of criminal charges, the injured party, or in the case of a...
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