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West Virginia Questions & Answers
2 Answers | Asked in Business Law and Health Care Law for West Virginia on
Q: Doctors office is trying to enforce a 3 strike policy with missing appointments

Doctors office is trying to enforce a 3 strike policy with missing appointments where you will not be allowed to speak treatment there. Just tried to reschedule my appointment because after driving around for 20 minutes in 3 different parking lots including a garage there were not spots a... View More

Matthew Stapleton
Matthew Stapleton
answered on May 23, 2023

Physicians have the right to end the Patient Physician relationship. The only time there me be a legal issue is for patient abandonment where a patient must prove that the physician ended the relationship at a critical stage in the patient’s treatment without good reason or sufficient notice to... View More

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2 Answers | Asked in Personal Injury for West Virginia on
Q: I stepped in a hole & fell at the Chevy dealership and severely sprained my ankle. What are our legal options?
Matthew Stapleton
Matthew Stapleton
answered on May 23, 2023

You can bring a premises liability case against the dealership/property owner. In WV, all places open to the public have a duty to keep their premises in a reasonable safe condition. However, if the hole was open and obvious you will not be able to bring a case. If the hazard, which was not open... View More

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2 Answers | Asked in Personal Injury for West Virginia on
Q: I stepped in a hole & fell at the Chevy dealership and severely sprained my ankle. What are our legal options?
Peter N. Munsing
Peter N. Munsing
answered on May 3, 2023

For starters, get medical treatment/examination. If you can photograph the hole. You are a business invitee, and are owed a higher duty of care than a trespasser (I'm assuming this was during normal business hours.

Your right to recovery will be affected by what you say. Avoid...
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1 Answer | Asked in Real Estate Law and Tax Law for West Virginia on
Q: If a home sales (lived in more than 2 yrs), with proceeds <$100K, will I get taxed if I sit on the money buying a house

Will the proceeds get taxed capital gain if I take my time 1 to 2 years not buying another house. Proceeds of the home sales is less than $100K

Matthew J. Sherman
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answered on Mar 23, 2023

If you meet certain conditions, you may exclude the first $250,000 of gain from the sale of your home from your income and avoid paying taxes on it. The exclusion is increased to $500,000 for a married couple filing jointly.

1) Your home sale must not have been property you acquired in a...
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1 Answer | Asked in Tax Law, Federal Crimes, Identity Theft, Criminal Law and Divorce for West Virginia on
Q: I’m currently in the middle of a divorce and I just found out my exwife filed her taxes married/joint and the preparer

She used plugged in my info from 2 years ago. When I found out and confronted her she started blaming the party that prepared her taxes. When I talked to them they said she came in with court papers and then they hung up on me. I’d like to know what my options are at this point. I’ve already... View More

James L. Arrasmith
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answered on Mar 19, 2023

If your ex-wife filed a joint tax return using your information without your knowledge or consent, this could potentially constitute identity theft and tax fraud. It is good that you have already taken steps to report the fraud to the Identity Fraud Department and the IRS.

You may also want...
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1 Answer | Asked in Criminal Law and Federal Crimes for West Virginia on
Q: Can the fed. prosecutor use use charges previously dropped against me to determine sentencing guidelines?
James L. Arrasmith
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answered on Mar 19, 2023

In general, the Federal Sentencing Guidelines provide a framework for determining the appropriate sentence for a federal offense, based on the severity of the crime and the offender's criminal history. The guidelines take into account a variety of factors, including the offense level and the... View More

2 Answers | Asked in Patents (Intellectual Property) for West Virginia on
Q: Professor & textbook say the US is first to invent other sources say the US is first to file. What do I put in my notes?

My professor and the textbook say that the US is first to invent when it comes to patents. However, while doing further research I found that the US is first to file. I am not sure if I should put what they think is the right answer or the actual answer on my notes for the exam.

James L. Arrasmith
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answered on Mar 11, 2023

I would recommend putting down the actual answer, which is that the United States has a first-to-file patent system. Under this system, the first person or entity to file a patent application for a new invention is granted the exclusive rights to that invention, regardless of who may have invented... View More

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2 Answers | Asked in Patents (Intellectual Property) for West Virginia on
Q: Professor & textbook say the US is first to invent other sources say the US is first to file. What do I put in my notes?

My professor and the textbook say that the US is first to invent when it comes to patents. However, while doing further research I found that the US is first to file. I am not sure if I should put what they think is the right answer or the actual answer on my notes for the exam.

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 7, 2023

For many years, the US was a first to invent country. That changed in 2011 see -- https://en.wikipedia.org/wiki/Leahy%E2%80%93Smith_America_Invents_Act

There is a narrow exception that if someone takes the idea of another (AND YOU CAN PROVE THAT) then the first to file will lose out over...
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2 Answers | Asked in Medical Malpractice and Health Care Law for West Virginia on
Q: Can a dr add marijuana user to your chart when you have liscense and state does not require informing docs?

I have revoked their right to release my med records but this info is now in a health information system and accessible to many doctors. She said marijuana was responsible for my symptoms that started years before using marijuana. She was unaware that there are different forms and concentrations of... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 6, 2023

There is no limit on what doctors may or may not put in your records.

Some faculties/medical groups have procedures to addresses issues in patients' medical records.

In some states, there are methods in which you can seek a medial record change, or an addition to your medical records.

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1 Answer | Asked in Federal Crimes for West Virginia on
Q: Is there any way of getting credit for 16 months on US Marshall pre-trial home incarceration?
James L. Arrasmith
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answered on Mar 4, 2023

It is possible to receive credit for time served on pre-trial home incarceration, but it will depend on the specific circumstances and the laws in the jurisdiction where the case is being heard. Generally, if a person is found not guilty or if the charges are dismissed, they may be able to receive... View More

1 Answer | Asked in Tax Law for West Virginia on
Q: Roth IRA Contribution and Withdrawal Question with AGI greater than $214,000 (2022)

I have a traditional federal govt retirment account and a Roth IRA which I started in 2022. Im also over age 60 in 2022. I made contributions not knowing that my household income would exceed the IRA limit. I have not filed my tax return for 2022. I requested a Roth IRA withdrawal for the exact... View More

James L. Arrasmith
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answered on Mar 4, 2023

If you have made a contribution to a Roth IRA for tax year 2022 and your modified adjusted gross income (MAGI) exceeds certain limits, you may be subject to an excess contribution penalty tax. For tax year 2022, the phase-out range for Roth IRA contributions for individuals filing as single or head... View More

1 Answer | Asked in Estate Planning and Probate for West Virginia on
Q: If you're incarcerated can you still keep your inheritance that you inherited in the will
Anthony M. Avery
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answered on Dec 19, 2022

Being in prison does not forfeit your rights of inheritance. But it is difficult to get what is yours. Hire a competent lawyer to assert your claims, and be cognizant of Exemption Rights if there are claims against you. The lawyer can hold your money in trust until you get out on Parole.

1 Answer | Asked in Car Accidents for West Virginia on
Q: I was at a stop sign behind a city dump truck driver. He backed into my car. Possibly totaled. What do I do?

I arrived behind a city dirt dump truck at a stop sign. He seen people he knew in the parking lot beside him and decided to change course. He put his truck in reverse and slammed into me. I'm missing multiple days of work, as well as having to pay 3$ a day rental fee, and I just bought my car... View More

Tim Akpinar
Tim Akpinar
answered on Dec 17, 2022

A West Virginia attorney could advise best, but your question remains open for two weeks. One option is to file a claim or lawsuit. Until you're able to consult with a local attorney, keep in mind that as a general matter nationwide, there could be short deadlines for bringing claims against... View More

1 Answer | Asked in Bankruptcy for West Virginia on
Q: If a cram down in paid in full during a Chapter 13, is the loan considered paid upon a dismissal of Chapter 13?

In my Chapter 13 I had a cram down on one of my vehicles. While in the plan, the amount agreed to was paid in full. About a year later, I voluntarily dismissed my Chapter 13 and wanted to know where that vehicle stands as far as being paid off or not.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 15, 2022

In a Ch. 13 proceeding, an Order of general discharge is entered upon completion of the confirmed Plan. If you dismissed before that time, no Discharge of debt was entered. As a result, upon dismissal, you were returned to the position you were in immediately prior to the filing of the... View More

1 Answer | Asked in Civil Rights for West Virginia on
Q: Hi, Can I take legal action against a religious organization for refusing membership based on ableism?

I revent filled out application to join Unity Worldwide Ministries. The unity church in Charleston, WV denied my application based on fact I cannot physically attend church services every week.

James L. Arrasmith
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answered on Mar 27, 2024

You may have grounds for legal action if a religious organization has refused membership based on disability, as this could be considered discrimination. In the United States, the Americans with Disabilities Act (ADA) and other civil rights laws protect individuals from discrimination based on... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Domestic Violence for West Virginia on
Q: I am disabled and living in kanawha county, West Virginia. What do I do if I’m being abused by the police? Who can help

I’ve been legally evicted three times and homeless for over a year and now I’m at risk again for homelessness due to the harassment and abuse of power from the local sheriffs department. I need an advocate I’m disabled to help me through the judicial system. I don’t know where to start. I... View More

James L. Arrasmith
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answered on Mar 12, 2024

I'm so sorry to hear about the abuse and harassment you've been facing from law enforcement, especially while dealing with domestic violence and homelessness. You have the right to safe and stable housing, and there are organizations that can help advocate for you. Here are some steps you... View More

1 Answer | Asked in Bankruptcy for West Virginia on
Q: Is there any Bankruptcy lawyers in the Peterstown area?
James L. Arrasmith
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answered on Feb 24, 2024

Finding a bankruptcy lawyer in a specific area like Peterstown, West Virginia, can sometimes be challenging, especially if it's a smaller town. However, there are several ways you can search for a bankruptcy attorney who serves that area. First, you can try conducting an online search using... View More

1 Answer | Asked in Education Law, Personal Injury and Workers' Compensation for West Virginia on
Q: I’m a teacher of 3 years. At no time during my education or training was I informed that my mental and physical health

would be at risk on a daily basis. I’m 63 with no hope of any job of equitable pay and benefits. I’m struggling through every day. I’ve been pushed into a door and had materials thrown at me. I’m mocked and insulted daily by students and parents. Can I sue my university or county for... View More

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2024

A West Virginia attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. One option for you to learn about your rights and options here could be to reach out to workers' comp attorneys, who generally offer free initial consults. They are... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for West Virginia on
Q: Can I sue if I was prescribed a medicine for 3 years that is me t to take for only 5 weeks to a year? I

It's caused me a lot of problems that caused pain n damage plus has a side effect that added to a already underlining problem I already have . Even after multiple hospital trips and further test from Dr to determine new issues I was still being prescribed the medicine .after learning the... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 11, 2024

Yes this is a potential case. Malpractice is where the doctor acts against the standard of care. Another doctor would have to review and give that analysis. The extent of your harm may determine the viability of the case.

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for West Virginia on
Q: If I have malpractice claim should I do ot before disability

Near bankruptcy

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2023

A West Virginia attorney could advise best, but your question remains open for two weeks. This is actually something that your own attorney(s), if you have them for the malpractice, disability, and bankruptcy actions, should answer, as it could go to the issue of their approach and strategy. This... View More

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