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West Virginia Questions & Answers
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!

1 Answer | Asked in Civil Rights and Public Benefits for West Virginia on
Q: Can you be denied a USDA RD home repair loan because your family receives Social Security?
T. Augustus Claus
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answered on Sep 21, 2023

Receiving Social Security should not automatically disqualify you from a USDA Rural Development (RD) home repair loan. The eligibility for such a loan typically depends on various factors like income, credit history, and the ability to repay the loan. However, the guidelines may consider your total... View More

1 Answer | Asked in Civil Litigation for West Virginia on
Q: I live in West Virginia—surface and rainwater flow onto mine from my neighbor's property, which is uphill to me.

This creates a swampy condition in my yard. Is my neighbor responsible for diverting the water, or is it my responsibility to put in drainage features?

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2023

A West Virginia attorney could advise best, but your question remains open for two weeks. At this point, you could continue to await a response, or consult with attorneys who deal with water rights (surface water in this case). It's a narrow area - you might start with asking attorneys who... View More

1 Answer | Asked in Employment Law and Civil Rights for West Virginia on
Q: I was fired today for Violating Drug and Alcohol Policy for taking a hit off a delta 8 vape pen which is LEGAL

Can I take action for being terminated for violating drug and alcohol policy for taking a hit off a delta 8 Vape which is LEGAL and not a controlled substance in West Virginia. I was not warned, was not drug tested, but was terminated

John Michael Frick
John Michael Frick
answered on Sep 18, 2023

Due to growing safety concerns, on June 8, 2023, Delta-8 became an illegal Schedule 1 controlled substance in West Virginia.

Putting that aside, an employer can fire you for violating its own drug and alcohol policy and is free to include Delta-8 in its policy regardless of whether it is...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for West Virginia on
Q: Can the owners of the lot next to mine claim ownership of part or all of my property?

The owners of the lot next door to mine are using a driveway across my property to access their cabin even though there is a driveway on their property. Yesterday I found that they had put their address sign on the driveway on my property. I took it down and they called and gave me a sad story that... View More

Anthony M. Avery
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answered on Aug 14, 2023

Adverse Possession of some of your property is possible here. Hire a WV attorney to search both titles, and possibly hire a surveyor. You may need to file suit for a Boundary Dispute, Injunction, Quiet Title, Declaratory Judgment, etc.

1 Answer | Asked in Criminal Law for West Virginia on
Q: A drug dealer was arrested and they found text messages in his phone of me asking to buy drugs. The cops have called me

Asking to come speak to them. Can I be charged for anything from these messages they have on his phone?

T. Augustus Claus
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answered on Aug 2, 2023

If law enforcement has found text messages on a drug dealer's phone that involve you asking to buy drugs, there is a possibility that they may want to speak with you as part of their investigation. The content of the text messages could potentially be used as evidence against you.

If...
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1 Answer | Asked in Estate Planning and Collections for West Virginia on
Q: I'm administrator for my mother's estate. A collection agency put in a claim against it but I cannot contact who I need.

When I call, they say I "have" to speak with Kathy, who is in charge of estate claims; no one else can help me. I've called many times, left messages on every one of those calls and never had a return call. I am going to try a certified letter, but have no idea if it will reach the... View More

Anthony M. Avery
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answered on Jul 18, 2023

Is the claim properly filed against the Estate? If not, or there other defenses, it is your duty to contest the claim in Court. Your objection can be served at the given address. If a legitimate claim, then pay it prior to asking to close the Estate, and get a receipt. Hire a WV attorney to... View More

2 Answers | Asked in Immigration Law for West Virginia on
Q: Was born abroad due to my parents being in the military i lost my fs-240 in a move and my id is expired

Is there any way to get my id without a birth certificate or vice versa

Monica E Rottermann
Monica E Rottermann
answered on Jul 26, 2023

To get a replacement for your consular report for birth abroad, it looks like you do need a valid unexpired ID, you can read more about how to obtain the replacement here:... View More

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3 Answers | Asked in Personal Injury, Products Liability, Car Accidents and Insurance Defense for West Virginia on
Q: I have a friend who needs help. He is handicap for life an none of it was his fault an he definitely needs compromised.

He was in a bad accident who by no fault of his own.

D. Michael Burke
D. Michael Burke
answered on Jul 3, 2023

You, or your friend, should contact a personal injury attorney in Point Pleasant. If you can't find one in Point Pleasant, try Huntington or Charleston. Once you find an attorney who can help your friend, the attorney can analyze and evaluate your friend's case. I am curious, when was... View More

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1 Answer | Asked in Real Estate Law for West Virginia on
Q: How do I file charges against a Land Surveyor for Malpractice, Negligence, Felonies Tort, and other charges?

I was intentionally attached to a property dispute by a local surveyor, who at this time is under investigation by the WV Board  of Professional Surveyors, for not only the perjury I have shown said surveyor committed with his Affidavit used in the property dispute,  but also, the surveyor was... View More

Anthony M. Avery
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answered on Jun 28, 2023

You will need to hire a WV attorney to prepare and file suit against the surveyor. The SOL against surveyors can be short, so call today. Your personal injury torts probably have no place here. Hopefully you have provable damages, and you will need another surveyor to testify to the... View More

1 Answer | Asked in Appeals / Appellate Law for West Virginia on
Q: In wv, what happens if you win an appeal twice in the same case? Will the supreme court remand the case a second time?

This is an abuse and neglect case. My rights were terminated, on appeal, the wv supreme court vacated the termination and remanded the case. Now the circuit court is making the same reversible error the sc remanded the case for. Will they remand it again with the same opinion? I'm worried my... View More

Charles William Michaels
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Charles William Michaels
answered on Jun 16, 2023

The trial court and the prosecutor are bound by the appellate court's opinion and order. If the trial court acts in a way that shows non-compliance with that order, the trial court risks censure.

1 Answer | Asked in Domestic Violence for West Virginia on
Q: was in West Virginia and got arrested for domestic battery. The police did not read me my rights. Will this help n court
Todd B. Kotler
Todd B. Kotler
answered on Jun 13, 2023

The issue is whether they questioned you after you were in custody. The reading of rights is sometimes called the Miranda Warning which was adapted from a famous U.S. Supreme Court case, Miranda v. Arizona. The failure to give the warning THEN question a suspect permits a defense lawyer to file... View More

1 Answer | Asked in Medical Malpractice for West Virginia on
Q: I was given a medication for vomiting and i had reaction that stopped my heart I was in icu completely sedated for over

24 hours they ran test and ruled it out that the medication Compazine caused anaphylactic shock causing my heart to stop they did two rounds breaking my ribs and also now I have physical emotional and mental issues now from the injury.

Joel Gary Selik
Joel Gary Selik
answered on Jun 12, 2023

From what you state it is not clear there was malpractice. Malpractice means the doctor did something, or failed to do something, that any reasonable doctor would have done/not done. This must be evaluated by another doctor.

Consult with experienced attorneys in your state.

1 Answer | Asked in Car Accidents for West Virginia on
Q: Ok I was driving down the road at night I seen a tree and power pole falling in front of me and couldn't stop in time.

We all 3 were injured and my car is undrivable is the utility company responsible? It happened near Matewan WV. Thank you

Tim Akpinar
Tim Akpinar
answered on Jun 18, 2023

A West Virginia attorney could advise best, but your question remains open for two weeks. It's possible they could be, but an attorney would need to examine in closer detail, looking at the reason for the collapse of the pole, how fast you were going, road conditions, illumination of the... View More

2 Answers | Asked in Traffic Tickets for West Virginia on
Q: Cop didn't impound my vehicle when it should have been for no insurance or license
Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Is this a question or are you bragging that you got away with keeping your car. How did this damage you?

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1 Answer | Asked in Family Law for West Virginia on
Q: How to create a legally binding document that would assign ownership to a house during separation

My boyfriend and I have been together for over 6 years and now own 2 homes together. I am on the deed for both, but only the mortgage for 1. We would like to create a legally binding agreement that if either if us decide we want to separate that a quit claim would be filed for both houses to assign... View More

Martha Warriner Jarrett
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answered on May 17, 2023

The simple answer to your question is yes, it can be done. This falls within the family law area and any family law lawyer in your area (I'm in California so I can't do it) should be able to draft an appropriate agreement for you.

1 Answer | Asked in Uncategorized for West Virginia on
Q: I need to know if I have a legal issue. I joined a private pool and paid $459. The pool has a crack & it’s not opening

They don’t want to give us our money back but wants to transfer our money to a public pool where I would lose money or another private pool that requires more money. They won’t answer my emails and I never received a notice. Another member told me. Can I fight them to get my money back

Matthew Stapleton
Matthew Stapleton
answered on May 23, 2023

You likely are entitled to a refund of your money as they are not providing the services you contracted for.

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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1 Answer | Asked in Landlord - Tenant for West Virginia on
Q: My rent is paid but now she's expecting property tax money for 2017 back taxes. Now she won't let me get rest of belongi

Now she is holding what I had left to move in the garage and I have been told that I have to do a civil suit. She has paid her taxes by the due date but until I give $600 I can't get my belongings. I've lived there almost 3yrs and moved first wknd in April. Those taxes aren't my... View More

Matthew Stapleton
Matthew Stapleton
answered on May 23, 2023

I would recommend contacting Legal Aid of West Virginia. They provide no cost legal services to WV residents and I believe they can handle landlord tenant issues like this.

1 Answer | Asked in Personal Injury for West Virginia on
Q: I got 90 days home confinement with community service. I draw SSI/SSDI in WV do I have to do community service ?
Tim Akpinar
Tim Akpinar
answered on May 22, 2023

A West Virginia attorney could answer best, but your question remains open for two weeks. You could try reposting and adding Criminal Law as a category. Good luck

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