Lawyers, Answer Questions  & Get Points Log In
West Virginia Questions & Answers
3 Answers | Asked in Personal Injury for West Virginia on
Q: I slipped and fell while I was at a friend's house and broke my collarbone and had to have surgery on it and I was wonde

Do I have a Case

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2023

Determining whether you have a case after slipping and falling at a friend's house in West Virginia involves considering several factors. These factors include the condition of the property—whether it had any hazardous elements like uneven flooring, loose carpeting, poor lighting, or spills.... View More

View More Answers

1 Answer | Asked in Consumer Law for West Virginia on
Q: There was a service campaign on my 2007 Hyundai Santa Fe. Hyundai made me an offer but I think it should be more

There was a service campaign on my 2007 Hyundai Santa Fe for valve cover gaskets leaking oil onto the alternator causing the alternator to go out my alternator went out I replaced it then I found out about the service campaign I called the local dealership scheduled an appointment prior to making... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023

In your situation with the 2007 Hyundai Santa Fe, it's understandable that you would expect fair compensation, especially considering the inconvenience and potential safety issues you've experienced. If Hyundai has acknowledged the issue through a service campaign and has made an offer,... View More

2 Answers | Asked in Immigration Law for West Virginia on
Q: With a pending asylum case can I apply for eb2niw or H1B?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

If you have a pending asylum case in the United States, you may still apply for an EB-2 NIW (National Interest Waiver) or an H1B visa. However, there are important considerations to keep in mind.

The EB-2 NIW is for individuals who are highly skilled in their field and whose employment in...
View More

View More Answers

1 Answer | Asked in Internet Law, Trademark and Intellectual Property for West Virginia on
Q: If my domain name has not been sold yet but has been marked as abandoned do I own it still or can I retrieve the name
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2023

If your domain name is marked as abandoned, it's crucial to understand what that means in the context of domain registration and ownership. Typically, a domain is marked as abandoned when it has expired and has not been renewed by the owner within the grace period provided by the domain... View More

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

1 Answer | Asked in Criminal Law for West Virginia on
Q: What should I have gotten for a simple possession charge
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2023

In West Virginia, simple possession of a controlled substance is a misdemeanor that is punishable by a fine of not less than $100 nor more than $1,000 and by imprisonment of not more than six months. However, the specific penalties you may face will depend on the type of drug you were found in... View More

1 Answer | Asked in Immigration Law for West Virginia on
Q: For the parents' section on form I-29, do I put my mom (deceased) or my step-mom?

since my bio mom has been deceased for over 20 years, I am confused if the spirt of the question is regarding my bio parents, or if I should put my (still alive & married to my dad) step-mom?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2023

On Form I-29, the section asking for information about your parents is intended to gather details about your biological or legal parents. Since your biological mother is deceased, you should include her information in this section. It's important to provide accurate and truthful information... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for West Virginia on
Q: How long can you be held in jail after waiving your preliminary hearing without going to court or being sentenced?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

In West Virginia, after waiving a preliminary hearing, the length of time you can be held in jail without going to court or being sentenced depends on several factors, including the nature of the charges and the court's schedule. Generally, the criminal procedure laws require that your case be... View More

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Can one land owner close a property that has been used as a rightaway for over 25 years?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2023

That is a method to terminate an easement. The offended adjoining landowners must file suit to declare their easement rights in the servient estate. Hire a WV attorney now.

1 Answer | Asked in Animal / Dog Law for West Virginia on
Q: What is WV law with rabies shots for dogs
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2023

all dogs three months of age or older must be vaccinated against rabies by a licensed veterinarian. The vaccination must be repeated every one to three years, depending on the type of vaccine used.

1 Answer | Asked in Civil Rights and Collections for West Virginia on
Q: Hello, I received a Civil Complaint for a Judgment in the amount of $13,165.22 for a credit account.

I am not sure what I am suppose to do. Should I reach out to the person that filed it to see what we can do outside of court?

Joel Gary Selik
Joel Gary Selik
answered on Nov 1, 2023

You can contact the filer or the creditor to see if you can settle the case.

You must also file an appropriate legal document with the court. Consult with debt collection defense attorneys in the state where this occured.

1 Answer | Asked in Criminal Law for West Virginia on
Q: If sentenced to 1-10 years with 6 months counted as time servied in WV how much time will they actually serve?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2023

Offenders must typically serve at least 85% of their minimum sentence. This means that an offender sentenced to 1-10 years with six months served will likely be required to serve at least nine months in prison.

The offender may also be eligible for early release on parole. To be eligible...
View More

1 Answer | Asked in Estate Planning and Real Estate Law for West Virginia on
Q: With a VA loan can the beneficiary pay it off or does it revert back to the va?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2023

I do not understand your question... But the beneficiary is the noteholder/lender. VA guarantees the loan to the lender. Any payoffs go to the noteholder unless the VA has already took over from a note default, and then VA gets payoff but usually forecloses first.

1 Answer | Asked in Real Estate Law, Divorce and Family Law for West Virginia on
Q: Divorced ‘09 ex’s lawyer wants my signature to take my name off deed to sell all mineral rights. A) will I owe taxes

B) if we agreed in divorce that he’d get the house (before any mineral rights existed) am I entitled to any money from the sale when I’m still on deed?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 20, 2023

Probably not as the DV decree will revest all rights in that real property to one of the parties. You might be able to reopen the DV. Consult with at WV attorney who will need to look at the DV file, search the title, and examine WV marital property distribution, especially mineral rights. If... View More

1 Answer | Asked in Business Law and Consumer Law for West Virginia on
Q: Do I have to give money back when a person pays a deposit down on a car to hold? He paid cash.

It's been 3 months since the deposit but he was supposed give us money in 2 weeks after that and didn't.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2023

When a person places a deposit on a car, the terms of that deposit should be outlined in a written agreement, including the conditions under which the deposit would be refunded or kept in the event of a cancellation. If there was an agreement that the remainder of the purchase price would be paid... View More

1 Answer | Asked in Criminal Law for West Virginia on
Q: What is WV common sentences for 3 felony charges?

Charge 1: Solicitation of a minor via computer.

Charge 2: displaying obscene material to a minor.

Charge 3: use of obscene matter with intent to solicit a minor.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2023

1. Solicitation of a minor via computer: This can carry a potential sentence of 2 to 10 years in prison.

2. Displaying obscene material to a minor: Depending on the specific statute under which someone is charged, this can also lead to felony penalties.

3. Use of obscene matter with...
View More

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Real estate question is this legal? Please see more info

My business purchases a property with another business and they are renting it out. Is that legal?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 4, 2023

Assuming the owners are tenants in common, either TIC can lease the property. The unpaid TIC can sue the other for contribution. A suit for a Sale For Partition may be necessary.

1 Answer | Asked in Employment Law for West Virginia on
Q: Can I be suspended from work by someone other than my supervisor and can that person be in my workspace during suspensio

I was suspended pending an investigation. I was told not to discuss it and not to go to my workplace. Can the people conducting the investigation go there? They could be destroying evidence that would prove they did wrong and are trying to blame me.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2023

Typically, an employer's policy and procedures outline who has the authority to suspend an employee. If you're concerned about evidence being tampered with during an investigation, documenting your concerns in writing and possibly sending them to a neutral third party within the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for West Virginia on
Q: If someone buys me a car and I have text stating that they bought it for me and they call police and give me unlawful

Unlawful use of vehicle can I show proof that he gave me the car and also am I press charges on him for filing fake report? How can I get my car back? He made a false statement because I didn’t even have the car his friend took it and I have her on APuck

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

In a situation where someone has provided you with a car and there is evidence, such as text messages, confirming their intent to gift you the vehicle, you may have a strong case to demonstrate that you have legal ownership or at least lawful possession of the car. If the individual subsequently... View More

1 Answer | Asked in Employment Discrimination and Employment Law for West Virginia on
Q: Started work on 5/1 for the state of WV. Had a seizure AT work 5/5 morning. Got fired 6/14. Fired for reasons from seizu

Started work on Monday working for the state of WV.

Had a seizure AT work Friday morning of the same week.

Coworkers heard me hit my head off of desk/computer as I was seizing. Called 9-11 and went to ER by ambulance.

Returned to work on Monday (2 days later)... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Sep 28, 2023

You may have a disability discrimination case. Check with a lawyer in your state to understand your rights under WV law. You can also contact lawyers out of state to understand your rights under federal law. Best of luck!

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.