Neighbor across the road let a young boy operate an ATV side by side when he parked it in their driveway did not set break ATV rolled out of driveway which is sloped came down road slammed into my car uninsured would not cover because it was in my driveway I have dealt as a good neighbor thinking... Read more »
I was injured 7/3/1992. I am old WV Worker's Comp Law. I have permeant disability. Sedgwick CMS with held treatment for two years. I now have stage 4 spinal canal stenosis. In addition they had a independent doctor make a liabile statement that there was no reason I could not return to work. I have... Read more »
I do not believe that you can sue Sedgewick for anything. Your remedy was to appeal the decision in your Workers' Compensation claim. If you did not have an attorney in your Workers' Comp claim, you should have. He could have obtained a report from your doctor, and cross-examined the "independent"...Read more »
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 naming you...Read more »
"Res ipsa loquitur" is a Latin phrase that means "the thing speaks for itself," in other words, an act or injury that does not occur without negligence on some party's fault. An example would be a doctor's cutting off the wrong leg in an operation. Without negligence, the wrong leg is never cut...Read more »
It can be, depending on the evidence you have. You will need to prove that a potential employer offered him a job; medical or vocational proof that his accident-related injuries and impairments prevented him from taking the job, and that your husband would have been able to perform the duties of...Read more »
Your question is out of my area of practice, but I believe that if you enter a not guilty plea, bail will be set. If you don't pay the bail, you will likely be held until you do make bail. If you plead guilty or are found guilty at trial, it's possible that you would be sentenced to jail. You...Read more »
Not necessarily. If the the other driver was cited, an insurance company would likely determine that the other driver was at fault. If neither driver was charged, then the insurance companies will look to other factors. In many cases, though, the investigating officer gets it wrong, and cites a...Read more »
Your neighbor CAN sue you, but he could have a difficult time winning the case. The nature of your neighbor's trespass, the breed of your dog, and whether or not your dog has a history of biting people could be factors in the case. You should report the incident to your homeowner's insurance...Read more »
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 lot... Read more »
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 »
This can be a very complicated case, and costly, too. What exactly blew up? Did the grill malfunction? Was the grill well maintained? Was it a gas grill--and did the propane tank explode? Did a connection leak?
All of these questions must be answered to determine who was at fault. But the...Read more »
For you to make a successful claim on behalf of your daughter, you must prove that the owner or manager of the complex was negligent. In other words, did the owner or manager do something that they should not have done, or fail to do something that should have been done, and was that negligence a...Read more »
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 »
You should talk with a local attorney who could advise you. If you have comprehensive coverage on your own auto insurance policy, you should turn it in to your company, and it sounds like you have already done so. You should also contact the town to see if there is anything it would do to help you...Read more »
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 ?
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 »
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 »
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 you...Read more »
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 had verbally... Read more »
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 attorney's...Read more »
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 personal injury...Read more »
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.