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West Virginia Wrongful Death Questions & Answers
3 Answers | Asked in Real Estate Law, Identity Theft, Trademark and Wrongful Death for West Virginia on
Q: Echo Red was my Favorite shoes ever they was the best quality and clothing is timeless how would someone get the brand?

Trademark and holding information I’d like to really revive this brand. I heard they went bankrupt or the revenue didn’t compensate for the money spent. But no wonder everything I ever seen is top quality.

Bill Hulsey
Bill Hulsey answered on Jun 6, 2021

Check USPTO TESS data base. It includes dead trademarks. There are other sources, too.

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3 Answers | Asked in Nursing Home Abuse and Wrongful Death for West Virginia on
Q: nursing home wrongful death lawsuit payout in WV

Nursing home wrongful death law suit.

D. Michael Burke Esq
D. Michael Burke Esq answered on Oct 22, 2019

What is the question?

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1 Answer | Asked in Wrongful Death for West Virginia on
Q: In a wrongful death case can my lawyer give some of my settlement to other people after i signed the release form

I signed release form that stated i am the sole beneficiary and i am to get 100% of the settlement.Now my lawyer is calling my husbands family and trying to give them some of the settlement.

D. Michael Burke Esq
D. Michael Burke Esq answered on Dec 11, 2018

I would need more information to give you a specific answer to your question. You are apparently the personal representative of what seems to be your late husband's estate. That does not mean that you are the sole recipient of the wrongful death recovery, even if your husband left a will... Read more »

2 Answers | Asked in Wrongful Death for West Virginia on
Q: Lawyers put me out of Estate administration 4 days prior to settlement. I started the wrongful death and had contract.

The attorney I hired, went around me to beneficiaries and they thought they were signing for another family member to sit in front of jury. They didn't know what they signed, the lawyer induced the person who set up estate after me into settling. Lawyer accepted settlement without authority. A... Read more »

D. Michael Burke Esq
D. Michael Burke Esq answered on Jun 19, 2018

I would need more factual information before I could give you any meaningful advice. The personal representative has the authority to settle the case. If you were in the class of persons entitled to make a claim for damages, you had a potential claim for damages from the wrongful death settlement.... Read more »

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1 Answer | Asked in Wrongful Death for West Virginia on
Q: With a wrongful death settlement, can it be fought if it isn't split even between siblings?

My mom is about to receive a "wrongful death" settlement for the death of my grandmother. My grandmother was also already going through the process of sueing before she passed. My grandmother did not have a written will, but my mom was her medical power of attorney. My grandmother also... Read more »

D. Michael Burke Esq
D. Michael Burke Esq answered on Feb 21, 2018

Yes, he can fight to receive a share of the wrongful death settlement. Whether he is successful depends on the facts, particularly the nature of his relationship with your grandmother. In West Virginia, a judge must approve the amount of a wrongful death settlement, the amount of the... Read more »

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 »

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 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 »

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

Yes, you challenge that under the estate law --contact a member of the West Virgina Trial Lawyers Assn--they give free consults.

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2 Answers | Asked in Wrongful Death for West Virginia on
Q: My siblings and I have been made aware of our legal right to make a claim for part of the settlement in wrongful death

My stepfather filed the claim for my mother's wrongful death. They have no children together. She left a will that provided first for my step father, second for my sister my brother and myself. Will the settlement award be treated like a intestate succession or will her will dictate how the... Read more »

Jan F Hoen
Jan F Hoen answered on Jun 12, 2017

Wrongful death beneficiaries and the distribution of damages for wrongful death are determined by statute in Virginia. It is separate from the decedent's estate (not an inheritance) and does not fall under the will. While your stepfather can qualify to be the personal representative for the... Read more »

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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 Wrongful Death for West Virginia on
Q: Am I entitled to money from a wrongful death lawsuit that my brother started thats about our mother?

My brother started a lawsuit against a drug company after our mother died because of the medicine she was given while on dialysis. Are my other brother and I entitled to money that is won, they want to settle out of court? My brother seems to think that he'll get all the money and can disperse... Read more »

Adam Studnicki
Adam Studnicki answered on Jul 14, 2015

Sorry for your loss. You should talk to your own lawyer asap! Schedule a consultation with a WV injury lawyer. Most offer free consultations.

1 Answer | Asked in Wrongful Death for West Virginia on
Q: Is there a statute of limitations on wrongful death or liable when the incident occured in a hosptial?
William S. Adams
William S. Adams answered on Apr 11, 2013

Yes, our WV injury law firm handles wrongful death claims. In West Virginia, the statute of limitations for a wrongful death action is 2 years, from the date of death, per WV Code Section §55-7-6.

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