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... View 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...View 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...View 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...View More
We immediately called to start a claim. The insurance claims adjustor said he did not need to send out a fire investigator on December 12, 2017. He asked that I make a list of lost items and send it to him, which I did on December 22, 2017. After that he claimed to be working on an estimate. On... View More
I suggest that you at least contact an attorney to discuss your potential case against your insurance company. You should also try to obtain a copy of the fire investigative report from the local fire department or chief, and from the State Fire Marshall's office.
Ive been on levothyroxine since I was around 19, I Am Now 33. few months ago my doctor refused to refill my prescription until I came in. I went in so they could take my thyroid levels. Everything was normal so she refused to refill my medicine.Completely Stopped Cold Turkey.The medicine was still... View More
If we assume (and it's a big assumption) that the doctor fell below the accepted standard of care when he took you off your medication, a jury where I practice would not award you enough to make your case worth the time and expense it would take to pursue it. Medical malpractice cases are...View More
Probably not, but it is difficult to say because I don't have enough information. Did the driver drive clear across the sidewalk to reach an empty parking space in a parking lot? Or did the driver inadvertently drive one tire over the edge of a curb while parallel parking? Without more facts,...View More
I'm a delivery driver for papa John's and friday night i was on a delivery and was attacked by the owners dog while going to knock on the door. I did not see any beware of dog signs and the owners of the dog wouldn't even come outside two younger children come out and got the pizza.... View More
You may have a case against the homeowner, as well as a Workers' Comp claim. Have you seen a doctor? You will receive nothing (or very little) if you don't seek medical attention. Our office no longer handles Workers' Comp cases, but the rule used to be that you had to miss at least...View More
Most--if not all--intentional torts ARE criminal acts. Assaults, intentionally running a vehicle into another vehicle, stealing, fraud, and other intentional, wrongful acts are both crimes and torts. I am hard-pressed to think of an intentional tort that is not a crime, but whether the criminal...View More
I'm wondering if the hospital or staff is responsible for allowing the fall to happen. I was an RN before I retired and I can't imagine leaving someone unattended while they are loopy from anesthesia and trying to get out of bed!
My partner says they finally put restraints on me... View More
If you are the person who asked a similar question yesterday, the answer I gave to that question still largely applies. Whether you have a case or not is more of a medical issue than a legal issue at this point. If it was a nurse whom you believe was negligent, then your attorney must hire a nurse...View More
To successfully recover from a doctor, you must prove that the doctor was negligent. In other words, the doctor's level of care fell below the standard required of a doctor with similar qualifications facing the same medical situation as the doctor you want to sue. Medical testimony must be...View More
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
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... View More
You need to speak with an attorney in West Virginia. You may have a case against the personal representative, and possibly against the attorney handling the wrongful death case. Call me if you wish to discuss this case. My number is (304) 263-0900. I can refer you to another attorney if the case is...View More
Yes, you can sue for a personal injury suffered while in prison. That kind of case can be very tricky, though, because prison personnel can sometimes be immune from liability, depending on the circumstances. And, of course, the injury must be the fault of someone other than yourself. From a...View More
While being in suicide watch she was able to leave her room barracade herself and hang herself she died but the hospital was able to revive her can I sue and win the case for the hospital's negligence to even let it happen in the first place
No, you cannot sue for anything. If there is a case, it is your mother's case. The hospital may be negligent, but the damages your mother suffered may not justify spending the substantial money and investing the time it takes to prosecute a medical negligence case. If your mother, or her...View More
In West Virginia, you must sue the owner of the car and the driver, if the driver is not the owner. You cannot sue the owner's or driver's insurance company. Their insurance company will hire an attorney to represent them.
I think that you mean "compensatory damages,"...View More
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.
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
At this point, it sounds like the dog may be the subject of a hearing a hearing to determine if the dog is vicious or not. The City of Morgantown or Monongalia may have a vicious dog ordinance which applies in your situation. You still have a case against the owner or keeper of the dog, and should...View More
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