D. Michael Burke Esq's answer I would need more information to give you a specific answer to your question. You are apparently the personal representative of what seems to be your late husband's estate. That does not mean that you are the sole recipient of the wrongful death recovery, even if your husband left a will naming you the sole beneficiary of his estate. West Virginia's wrongful death statute provides that the judge or jury distribute the recovery to the following: "surviving spouse and children, including adopted...
D. Michael Burke Esq's answer "Res ipsa loquitur" is a Latin phrase that means "the thing speaks for itself," in other words, an act or injury that does not occur without negligence on some party's fault. An example would be a doctor's cutting off the wrong leg in an operation. Without negligence, the wrong leg is never cut off.
With regard to dog bites cases in West Virginia, a similar doctrine may apply. If the dog is "running at large," in other words, not under its owner/keeper's control or confined, the owner...
Timur Akpinar's answer Do some research on the respected companies offering review courses and find out which ones fit within your budget and schedule. Look into the quality and size of their test banks. You could learn techniques from good instructors, but preparation for the exam is largely a matter of doing lots of practice exams, and TIMING yourself as you do them. If a course is out of your budget, there are self-study resources out there. But if you have the budget for a course, a good course could be valuable....
D. Michael Burke Esq's answer It can be, depending on the evidence you have. You will need to prove that a potential employer offered him a job; medical or vocational proof that his accident-related injuries and impairments prevented him from taking the job, and that your husband would have been able to perform the duties of the job, but for his accident-related injuries.
Harley Wagner's answer At any intersection, the same rules under WV law apply. Your question did not indicate if the person turning was turning left or right. However, if turning left, that motorist must yield to oncoming traffic before executing the turn.
D. Michael Burke Esq's answer Your question is out of my area of practice, but I believe that if you enter a not guilty plea, bail will be set. If you don't pay the bail, you will likely be held until you do make bail. If you plead guilty or are found guilty at trial, it's possible that you would be sentenced to jail. You should call a local attorney who handles criminal cases.
D. Michael Burke Esq's answer Not necessarily. If the the other driver was cited, an insurance company would likely determine that the other driver was at fault. If neither driver was charged, then the insurance companies will look to other factors. In many cases, though, the investigating officer gets it wrong, and cites a non-negligent party. Ultimately, who is or is not charged has no bearing in a civil action arising from the wreck--the judge or jury listens to the facts and determines who--if anyone--was at fault.
D. Michael Burke Esq's answer Your neighbor CAN sue you, but he could have a difficult time winning the case. The nature of your neighbor's trespass, the breed of your dog, and whether or not your dog has a history of biting people could be factors in the case. You should report the incident to your homeowner's insurance carrier. If you will need an attorney, your insurance company will hire one for you.
D. Michael Burke Esq's answer I would need more factual information before I could give you any meaningful advice. The personal representative has the authority to settle the case. If you were in the class of persons entitled to make a claim for damages, you had a potential claim for damages from the wrongful death settlement.
What was your relationship to the decedent? If you had no relationship, your recovery may be limited.
You should contact another plaintiff's attorney in the Charleston area and...
D. Michael Burke Esq's answer 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 most critical issue in a case of this sort is: how severe were the injuries? was hospitalization required? How much are the medical bills? Will you require plastic surgery?
D. Michael Burke Esq's answer For you to make a successful claim on behalf of your daughter, you must prove that the owner or manager of the complex was negligent. In other words, did the owner or manager do something that they should not have done, or fail to do something that should have been done, and was that negligence a cause of your daughter's injuries? West Virginia does not recognize the "attractive nuisance" doctrine.
I recommend that you contact a local injury attorney to discuss your daughter's case.
D. Michael Burke Esq's answer Possibly, but the far better case against the driver who hit your car while you were being towed (if I fully understand your situation). In any event, you cannot collect twice for the same injury or damage; I would pursue a claim against the tow truck company only if the at-fault driver did not have enough insurance.
Michelle Johnson Esq's answer WV has a strict liability dog bite statute that's limited to dogs running at large or off the leash. If the dog is running at large, the victim/s will not be required to prove the owner was negligent. I'm not sure if this answers the question because the question wasn't very clear.
D. Michael Burke Esq's answer You should talk with a local attorney who could advise you. If you have comprehensive coverage on your own auto insurance policy, you should turn it in to your company, and it sounds like you have already done so. You should also contact the town to see if there is anything it would do to help you out.
Whether it would be worth taking your case to court would depend on the amount of damage you have suffered. A case against the town could involve whether you had the opportunity to see...
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