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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 
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.
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.
We all 3 were injured and my car is undrivable is the utility company responsible? It happened near Matewan WV. Thank you
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
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?
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
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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.
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
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.
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
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
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
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.
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
I’m looking to assign my mother as my medical power of attorney. I’ve had health issues in the past and I will be starting an EMT position hopefully around the fall. Now that I’m a legal adult, and especially because of my health history and what I’m doing I want to have a power of attorney... View More
answered on May 18, 2023
A West Virginia attorney could advise best, but your question remains open for two weeks. It's difficult for attorneys here to offer services - the format here is basically Q & A. There's a tab above, "Find a Lawyer," that lists attorneys by region. You could also look into... View More
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... View More
answered on May 15, 2023
A West Virginia attorney could advise best, but your question remains open for four weeks. When it comes to information on insurance forms in general, errors of that kind can usually be corrected if entered accidentally and innocently. Good luck
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
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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... View More
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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
In 2016, a television commercial for a product flashed rapidly in my darkened bedroom. It was so awful that it gave me a tremendous headache in my temples. I've been having debilitating headaches in my temples, at least once a week, every week since that day in 2016. I had never had headaches... View More
answered on Apr 11, 2023
A West Virginia attorney could advise best, but your question remains open for four weeks. It sounds like it could be a difficult case to find a law firm on a contingency basis. Aside from the element of foreseeability, damages such as headaches can be hard to argue in court. They are not like... View More
we filed it 9/2/2021, we are still waiting for an answer-they have held onto our case for 559 days Case no 21-0164 We filed an Injunction on 1/9/2023-no answer
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answered on Mar 15, 2023
Hire a competent WV attorney. Move for a default judgment for the relief you want. With real property it should be very precise. If the title is involved, a certified copy of the judgment should be recorded with land records.
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
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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... View More
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.
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... View More
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
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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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
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