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West Virginia Questions & Answers
1 Answer | Asked in Medical Malpractice for West Virginia on
Q: Medical malpractice

The plaintiff filed a medical malpractice claim against defendant (Doctor). Defendant filed a motion for dismissal based on certificate of merit and timeliness of the claim particularly in one instance of the complaint. However, Plaintiff filed a theory of liability instead as the violation of... Read more »

D. Michael Burke Esq
D. Michael Burke Esq answered on Feb 19, 2020

No. None of those errors, individually or collectively, is enough to justify a summary judgement. In West Virginia, the law favors the resolution of legal disputes on the merits, not on technicalities.

This is something you should be discussing with your attorney.

1 Answer | Asked in Tax Law and Traffic Tickets for West Virginia on
Q: If u don't pay off your tickets by time you file taxes won't they automatically be taken from the tax money? When u file

I believe i was told by the court house that if couldnt finish paying tickets by tax time then it would come out of tax return Im just wondering if they take care of it when you file or when the money comes

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 13, 2020

The state can't intercept your federal refund. West Virginia will offset your state refund if you have unpaid fines. They have to send you a letter and then wait 90 days. They're supposed to anyway. They take out an extra $25 for their troubles. If this is a concern I would file an... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for West Virginia on
Q: Can a grantee in a jointly survivorship deed will their share of property to heir?

Deed of mother(deceased) granting right of survivorship to myself,brother,sister. Brother that is ill, deeded in will his third of the property to his son. 78 acres was supposed to be equally divided between the three of us with the property going to last survivor as stated in deed. Have not seen... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 11, 2020

A joint tenancy cannot be broken by a will. When one of the siblings dies his or her share will pass to the others pursuant to the survivorship aspect of the existing vesting.

1 Answer | Asked in Consumer Law and Business Law for West Virginia on
Q: this is a question about online shopping. I put an item in my cart and continued to shop the sale on the website.

i did not leave the website and was continuing to shop the sale for 20 minutes or so. when i went to pay for the item in question, the system stated the item was no longer available. they sold it out from under me even though i had placed the item in my cart. this is akin to being in a store with... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 10, 2020

There doesn't seem to be anything illegal about this. It isn't against the law to operate an online shopping website where inventory isn't well coordinated with shopping carts of customers. It isn't a good business practice, but it shouldn't be against the law, unless... Read more »

1 Answer | Asked in Products Liability, Car Accidents, Insurance Bad Faith and Juvenile Law for West Virginia on
Q: If i am 17, almost 18 and i allowed a 14 year old to drive on back roads periodically, what trouble would i get into?
Peter N. Munsing
Peter N. Munsing answered on Feb 7, 2020

A citation, possibly loss of use of your vehicle. If you want to teach them do it on private property where there are no other vehicles. It's possible you could also be charged with endangering a minor, which can be a serious problem. Let an adult do the drivers ed.

1 Answer | Asked in Estate Planning for West Virginia on
Q: What’s happens if someone listed in heir(sister) in incarcerated and cannot sign paperwork needed for mother’s last pay?

Mother was a Virginia state employee. Probate in West Virginia. No will. Listed heir is myself, sister, and deceased sister’s two daughters by West Virginia law.

Nina Whitehurst
Nina Whitehurst answered on Jan 28, 2020

Usually it is possible to make an appointment to visit an incarcerated person, and you can even slide papers to them through a slot for them so sign. You might want to think about asking the incarcerated person to sign a power of attorney as well in order to make things easier in the future.

1 Answer | Asked in Products Liability and Communications Law for West Virginia on
Q: Directv removed my DNS channels 389 to 399 without my consistent there policy says they can do this but notify me

All I want is my channels back that I’m paying for on my bill

Tim Akpinar
Tim Akpinar answered on Jan 26, 2020

This is something you shouldn't need to pay a lawyer to do. Contact their customer service dept. and try to resolve it through them. Good luck

Tim Akpinar

Q: Is there a law against the compound tetrahydrocannabinol to make it illegal?

I would like to know if it would be illegal to obtain the compound THC, there are laws against weed, however THC is just one compound found in marijuana among many others in the plant. If you were to order online pure or extract THC from a different plant would this be legal? Example: LSD is... Read more »

Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

So West Virginia law is still governed by Federal US law. THC is still illegal, but some states have legalized CBD and most states can't test the difference between CBD and THC and the concentrations. Unless you are in a state that has legalized marijuana, then ordering THC online is still... Read more »

1 Answer | Asked in Environmental for West Virginia on
Q: What can I do about people driving by my house and throwing their trash in my yard? WV
Tim Akpinar
Tim Akpinar answered on Dec 28, 2019

Unfortunately, it isn't really something for which there is an environmental law fix. It's more a matter of common courtesy. You could try posting signs. Good luck

Tim Akpinar

1 Answer | Asked in Tax Law and Real Estate Law for West Virginia on
Q: What are the options to avoid paying a significant amount of taxes on a flip profit of approximately $60,000 each?

A friend and I plan to purchase a property from an individual who owes taxes on it and cannot pay them. We would purchase it for $15,000 and plan to invest $30,000 to renovate it. I have read about short term gains and taxes owed when owning it for less than a year, 1 year or no taxes if it was... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 20, 2019

You've successfully confused all the tax rules at one time. I'm a little impressed.

1. Personal residence exclusion is not an option unless you want to move into it and live there as your primary residence for at least 2 years.

2. A house is a capital asset so if you own...
Read more »

1 Answer | Asked in Small Claims for West Virginia on
Q: Unsure if I should seek legal action?

Myself and my daughter who is 2 we were at Perkins Restaurant and Bakery. We went to the restroom she walked in and I was behind her and went to shut the door. As soon as I did the changing table flew open and hit her in the head. So I took her out and told the workers. They came and told me that... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 19, 2019

I hope your daughter is okay. The first priority would be to ensure that she is okay; you could arrange an exam with her pediatrician or other physician(s) to check for injuries. If she is okay, that would be great. If her examining physician(s) did find evidence of injury, you could arrange... Read more »

2 Answers | Asked in Car Accidents for West Virginia on
Q: Vehicle accident not our fault totaled both our cars insurance is not paying enough for both losses what can we do?

A guy hit both me and my husbands parked cars while we were sleeping we didn’t know until we woke up totaled both and the ins company is handling it but not wanting to pay us enough to cover both losses

D. Michael Burke Esq
D. Michael Burke Esq answered on Dec 11, 2019

To fully answer your question, I would need more information. What is the reason the insurance company is "not wanting to pay enough to cover both losses?" Is there not enough insurance? Is the insurance company offering the fair market value (FMV) of the vehicles, but you owe more on... Read more »

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2 Answers | Asked in Products Liability for West Virginia on
Q: I need to open a lawsuit on a company due to recall on the pins and rods used in my back surgery

I had sciolioisis surgery in 2000. The pins and rods used to repair my back have been recalled as of this year 2019, due to faulty materials and i need details on how to open a case pretaining to my situation. Please help

Peter N. Munsing
Peter N. Munsing answered on Dec 10, 2019

First, the fact they are defective as a group doesn't mean yours are unless yours failed. Otherwise you have no case as you haven't been hurt.

Why not get a consultation with a member of the West Va Trial Lawyers Assn that handles product cases--they give free consults....
Read more »

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1 Answer | Asked in Social Security for West Virginia on
Q: I'm wanting to apply for disability I am diagnosed as manic depressive bipolar with adhd and ptsd how do I apply

I've never dealt with this and I really need the help I haven't been able to hold a job in over a year for more than a month I'm not very good with computers and I'm currently living in a really unhealthy living situation bc of my diagnosis and judgmental parents and zero income... Read more »

Scott F Bocchio
Scott F Bocchio answered on Dec 4, 2019

We always suggest that you apply for SSDI and see if you are eligible. Please keep in mind, the process is tedious and can take as little as 3 months or as long as 24+ months. It's imperative to have all medical documentation and appointments up to date at all times.

Attorney Scott...
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1 Answer | Asked in Products Liability for West Virginia on
Q: I need to see if I have a case against Marlboro I have been addicted to smoking for many years now and am suffering
Tim Akpinar
Tim Akpinar answered on Oct 29, 2019

You'll need to go online and research the current situation with tobacco litigation and find out what firms are working in this area - it's a narrow sector of injury/product liability. There have been several waves of cases in past years. Good luck

Tim Akpinar

1 Answer | Asked in Products Liability for West Virginia on
Q: I need to know if I have a case against Marlboro
Tim Akpinar
Tim Akpinar answered on Oct 26, 2019

You're going to have to do some research into the current state of litigation on the matter and find law firms that handle these cases. These cases have been filed for a long time over history, and there have been several major waves of lawsuits over the years. They are not the type of cases... Read more »

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 Animal / Dog Law, Civil Litigation and Personal Injury for West Virginia on
Q: What happens in a civil litigation if it consists of a animal bite.what steps will happen?
Brooks West II
Brooks West II answered on Oct 14, 2019

It depends. A personal injury case involving an animal bite can sometimes be settled just like a car accident type case before a lawsuit even needs to be filed. The first step would be to call an attorney experienced in dog bite cases and get a free consultation. Although dog bite cases can be... Read more »

1 Answer | Asked in Consumer Law, Business Formation, Business Law and Civil Litigation for West Virginia on
Q: Issue with electric provider

My electric provider states that I added the incorrect payment information and therefore is denying me the ability to correct my incorrect payment information, will not allow me to pay by phone, and is only giving me the option of paying in person. Do I have any legal recourse? Also there is a... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 6, 2019

I'm sorry for your ordeal with your electric bill. The Public Service Commission of West Virginia oversees public utilities - electric, gas, water, etc. Maybe you could contact them and ask if there is anything they could do to help.

Their website is:
Read more »

1 Answer | Asked in Estate Planning and Probate for West Virginia on
Q: WV law states that a will must be signed in front of two witnesses. Would the spouse's and notary's count as two?
Nina Whitehurst
Nina Whitehurst answered on Sep 13, 2019

No. An interested party cannot be a witness, nor can the notary. Find two individuals who are unrelated, not inheriting under the will, and not also serving as notary.

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