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West Virginia Personal Injury 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

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Dec 8, 2023

It depends on what caused you to fall. In West Virginia a property owner has a responsibility to prevent injuries to invitees by inspecting their properties remedying any known hazards in a timely fashion or otherwise warn visitors of the hazard. I would contact a West Virginia personal injury... View More

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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
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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

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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.

Tim Akpinar
Tim Akpinar
answered on Jul 7, 2023

I'm sorry for your friend's injuries - I hope they can make a healthy recovery with proper medical care. A West Virginia attorney could advise best about local resources. You've probably been searching online and may have already been in touch with local attorneys. In addition to... 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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2 Answers | Asked in Personal Injury for West Virginia on
Q: I stepped in a hole & fell at the Chevy dealership and severely sprained my ankle. What are our legal options?
Matthew Stapleton
Matthew Stapleton
answered on May 23, 2023

You can bring a premises liability case against the dealership/property owner. In WV, all places open to the public have a duty to keep their premises in a reasonable safe condition. However, if the hole was open and obvious you will not be able to bring a case. If the hazard, which was not open... View More

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2 Answers | Asked in Personal Injury for West Virginia on
Q: I stepped in a hole & fell at the Chevy dealership and severely sprained my ankle. What are our legal options?
Peter N. Munsing
Peter N. Munsing
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...
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1 Answer | Asked in Education Law, Personal Injury and Workers' Compensation for West Virginia on
Q: I’m a teacher of 3 years. At no time during my education or training was I informed that my mental and physical health

would be at risk on a daily basis. I’m 63 with no hope of any job of equitable pay and benefits. I’m struggling through every day. I’ve been pushed into a door and had materials thrown at me. I’m mocked and insulted daily by students and parents. Can I sue my university or county for... View More

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2024

A West Virginia attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. One option for you to learn about your rights and options here could be to reach out to workers' comp attorneys, who generally offer free initial consults. They are... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for West Virginia on
Q: Can I sue if I was prescribed a medicine for 3 years that is me t to take for only 5 weeks to a year? I

It's caused me a lot of problems that caused pain n damage plus has a side effect that added to a already underlining problem I already have . Even after multiple hospital trips and further test from Dr to determine new issues I was still being prescribed the medicine .after learning the... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 11, 2024

Yes this is a potential case. Malpractice is where the doctor acts against the standard of care. Another doctor would have to review and give that analysis. The extent of your harm may determine the viability of the case.

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 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

1 Answer | Asked in Personal Injury and Products Liability for West Virginia on
Q: Can I sue a company if their commercial gave me migraines?

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

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Personal Injury for West Virginia on
Q: I need someone to help me with pursuing a mental anguish case that I can prove was 100% malice intent and also mental an
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2022

A West Virginia attorney could advise best but your question remains open for four weeks. If you're seeking an attorney, it's going to be difficult for law firms here to reach out to you. This forum is more Q & A format than an attorney referral service. There's a tab above you... View More

1 Answer | Asked in Insurance Bad Faith, Personal Injury, Antitrust and Collections for West Virginia on
Q: I need pointed in right direction for mental anguish claim
Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 2, 2022

The right direction is to contact a personal injury lawyer in your area, set up a consultation, specifically discuss the specifics of your situation and determine your options. Good luck.

2 Answers | Asked in Personal Injury, Civil Rights, Elder Law and Health Care Law for West Virginia on
Q: Can I ask for proof of documents of someones role of being appointed power of attorney?

How should someone go about asking for this or even a living will?

Tim Akpinar
Tim Akpinar
answered on Aug 1, 2022

A West Virginia attorney could advise best, but your question remains open for three weeks. As a general practice nationwide, in most instances it's simply a matter of asking to see them. I have not had experience with them in settings involving living wills, but in general litigation, I ask... View More

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2 Answers | Asked in Car Accidents and Personal Injury for West Virginia on
Q: Injured in car accident that I was not liable for, how to get compensated?

No citations were issued, however, the other driver's insurer accepted liability. The other driver was a 17 year old boy. Now, It appears that my medical costs may exceed the liability portion of the other driver's parents' policy. If my costs do exceed that limit, how do I obtain... View More

Albin Moser
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answered on Apr 4, 2022

Yes, you should contact your own motor vehicle insurance company and discuss with them your underinsured motorist insurance. If there is money under your policy to pay for the amounts beyond the limits of the other driver's policy, then you are fortunate to have those benefits. Although you... View More

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1 Answer | Asked in Personal Injury for West Virginia on
Q: can an individual patient with covid 19 have any course of action for compatation against ahospital for neglect ?

also a complaint was filed and the hospital was cited bye the State OFLAC Office .

Tim Akpinar
Tim Akpinar
answered on Sep 21, 2021

A West Virginia attorney could advise best, but your question remains open for two weeks. A law firm would need to investigate further before making an assessment, if they were interested in such a case. You could reach out to local attorneys to discuss. However, with such matters in general,... View More

2 Answers | Asked in Employment Law, Personal Injury and Employment Discrimination for West Virginia on
Q: What to do when you get fired from your job after 10 yrs & right before your FMLA is due to be in affect.

I was diagnosed with a serious form of cancer & got fired due to missing 7days in a yr.

Kyle Anderson
Kyle Anderson
answered on Jun 24, 2021

Hello, more information is needed here. Did you miss due to your cancer? I would highly recommend reaching out to an employment law attorney to discuss this situation.

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1 Answer | Asked in Divorce, Personal Injury, Real Estate Law and Insurance Defense for West Virginia on
Q: Need help filing a dismemberment claim
Tim Akpinar
Tim Akpinar
answered on Jun 21, 2021

A West Virginia attorney could advise best, but your post remains open for three weeks. At this point, you could reach out to West Virginia attorneys. If the dismemberment involved loss of an extremity in a work-related setting, it could involve element of workers' comp law. But if it was... View More

2 Answers | Asked in Personal Injury for West Virginia on
Q: What is the statute of limitations for a personal injury claim in West Virginia?
Jeffery Robinette
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Jeffery Robinette
answered on Feb 28, 2021

Personal injury lawsuits in West Virginia must be filed within two years of the event or accident that caused the injury. It is essential to make sure you get your personal injury lawsuit filed in Virginia's court system before the two-year window closes and your claim is forever barred.... View More

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1 Answer | Asked in Personal Injury for West Virginia on
Q: i was cut at birth the papers were signed off by a parent or a grandparent can i go and unsign the person passed away
Tim Akpinar
Tim Akpinar
answered on Jan 12, 2021

A West Virginia attorney could advise best, but your question remains open for two weeks. It isn't fully clear from the description what this matter here involves. If you mean you were cut at birth, as in literally cut and injured, and your relatives signed a release regarding your rights to... View More

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