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West Virginia Products Liability Questions & Answers
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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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 Civil Rights, Construction Law and Products Liability for West Virginia on
Q: What to do when fire department destroys my bridge to my house, leaving me stranded

The fire department recently came to drain the fire hydrant at my house, while coming across my bridge it collapsed. There is no way for me to leave my house now as that was the only way. It’s going on the third day The fire department said they turned it into their insurance but I haven’t... View More

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2020

A West Virginia attorney could advise best, but your question remains open for five weeks. Hopefully, you've resolved the matter by now. If not, ask them if they could offer the insurance carrier's information to see if the matter could be expedited. If it was a private bridge, you could... View More

1 Answer | Asked in Consumer Law and Products Liability for West Virginia on
Q: I found a piece of bone or wood in my spaghettios and choked on it can I sue and would it be worth it?
Tim Akpinar
Tim Akpinar
answered on Aug 26, 2020

A West Virginia attorney could answer best, but your question remains open for two weeks. As as general matter, it could be a difficult case. In such lawsuits, a claimant usually needs to demonstrate that they sustained a significant injury that carries some measure of duration or permanence. This... View More

1 Answer | Asked in Products Liability, Car Accidents, Insurance Bad Faith and Juvenile Law for West Virginia on
Q: If i am 17, almost 18 and i allowed a 14 year old to drive on back roads periodically, what trouble would i get into?
Peter N. Munsing
Peter N. Munsing
answered on Feb 7, 2020

A citation, possibly loss of use of your vehicle. If you want to teach them do it on private property where there are no other vehicles. It's possible you could also be charged with endangering a minor, which can be a serious problem. Let an adult do the drivers ed.

1 Answer | Asked in Products Liability and Communications Law for West Virginia on
Q: Directv removed my DNS channels 389 to 399 without my consistent there policy says they can do this but notify me

All I want is my channels back that I’m paying for on my bill

Tim Akpinar
Tim Akpinar
answered on Jan 26, 2020

This is something you shouldn't need to pay a lawyer to do. Contact their customer service dept. and try to resolve it through them. Good luck

Tim Akpinar

2 Answers | Asked in Products Liability for West Virginia on
Q: I need to open a lawsuit on a company due to recall on the pins and rods used in my back surgery

I had sciolioisis surgery in 2000. The pins and rods used to repair my back have been recalled as of this year 2019, due to faulty materials and i need details on how to open a case pretaining to my situation. Please help

Peter N. Munsing
Peter N. Munsing
answered on Dec 10, 2019

First, the fact they are defective as a group doesn't mean yours are unless yours failed. Otherwise you have no case as you haven't been hurt.

Why not get a consultation with a member of the West Va Trial Lawyers Assn that handles product cases--they give free consults....
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1 Answer | Asked in Products Liability for West Virginia on
Q: I need to see if I have a case against Marlboro I have been addicted to smoking for many years now and am suffering
Tim Akpinar
Tim Akpinar
answered on Oct 29, 2019

You'll need to go online and research the current situation with tobacco litigation and find out what firms are working in this area - it's a narrow sector of injury/product liability. There have been several waves of cases in past years. Good luck

Tim Akpinar

1 Answer | Asked in Products Liability for West Virginia on
Q: I need to know if I have a case against Marlboro
Tim Akpinar
Tim Akpinar
answered on Oct 26, 2019

You're going to have to do some research into the current state of litigation on the matter and find law firms that handle these cases. These cases have been filed for a long time over history, and there have been several major waves of lawsuits over the years. They are not the type of cases... View More

2 Answers | Asked in Personal Injury, Products Liability and Energy, Oil and Gas for West Virginia on
Q: For Mother’s Day we had a cookout, but after starting the grill and while I was cooking it blew up in my face burning me

I got first degree burns to my face and neck, it burnt off my eyelashes and eyebrows, and has messed with my vision

D. Michael Burke
D. Michael Burke
answered on May 20, 2018

This can be a very complicated case, and costly, too. What exactly blew up? Did the grill malfunction? Was the grill well maintained? Was it a gas grill--and did the propane tank explode? Did a connection leak?

All of these questions must be answered to determine who was at fault. But the...
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2 Answers | Asked in Products Liability for West Virginia on
Q: bit into his sandwich and found a piece of plastic about 1 by 1/2 . does he have a case?

no harm to him but could have been, we called store and she had no concerns then corporate and no response. I have the plastic and I have pictuers

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Aug 31, 2017

Any case of negligence requires an element of damage. If there are no damages, then there is no case to bring.

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2 Answers | Asked in Personal Injury, Products Liability and Civil Litigation for West Virginia on
Q: Why would the lawyers representativing me not be the lawyers I signed a contract with?

I am the mdl in the west Virginia court and I see I have a case and number but the lawyer representativing is from another law firm si I am confused. Also do you have to be present for these trials

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on May 16, 2017

I would suggest you get a clear answer to your question about who your attorney is from the counsel you originally hired and signed a contract with. In many of these MDL product defect cases, lawyers will collaborate with other lawyers/law firms who may have already litigated the same type of case... View More

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2 Answers | Asked in Products Liability and Medical Malpractice for West Virginia on
Q: How long after the settlement does a person get the papers to sign for the settlement check?
Jonathan Rosenfeld
PREMIUM
Jonathan Rosenfeld
answered on Jan 14, 2017

The length of time to actually get possession of a settlement check can depend on a number of factors including, but not limited to: parties contributing to settlement, if Medicare is involved, if a court needs to approve settlement and satisfaction of any medical lien holders. Some states have... View More

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2 Answers | Asked in Products Liability and Consumer Law for West Virginia on
Q: Had my tuck worked on at a Ford dealership they left a bolt lose on the brake caliper . Wheel locked up.

They admitted that they left the bolt lose. They gave me a free oil change for their mistake This could have been a deadly mistake. A free oil change is a slap in the face. Are they anything else that I can do? Thanks Shawn

Peter N. Munsing
Peter N. Munsing
answered on Oct 5, 2016

You don't get a recovery for what could have happened but didn't. If you were in Court tomorrow you have no damage you suffered other than a nasty scare. If you had towing charges, or if tires damaged then those are things they should pay for.

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1 Answer | Asked in Consumer Law, Small Claims and Products Liability for West Virginia on
Q: Can I take legal action

I went to a local restaurant ( Wendy's). and ordered a sandwich with no tomatoes because I am allergic to them. when I checked my food it had tomatoes on it .I then went and ordered another sandwich because I was afraid they would just take them off. Again I told them no tomatoes I am allergic... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2016

You have a claim. I suggest you contact a member of the W.Va. Assn for Justice as their members give free consultations.

They may suggest that fortunately you caught it and it's a lesser case in which case get some thoughts as to what you'll need for small claims court. But get the free consult.

1 Answer | Asked in Products Liability for West Virginia on
Q: How do I find out how much was awarded for an individual with a product liability case.
Adam Studnicki
Adam Studnicki
answered on Aug 28, 2015

You can ask one of the parties or their lawyer. If there was a settlement, it might be confidential.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice,...
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