West Virginia Questions & Answers by Practice Area


West Virginia Questions & Answers

Q: can a couple get married in more than 1 state

1 Answer | Asked in Family Law for West Virginia on
Answered on Nov 9, 2017

To avoid controversies and illegalities of marrying same person in different state you are advised to seek permission through court to change / adopt your biological dad's name in documents such as marriage license, etc. This will help you to change this name in other documents too.

For more specific advice consult a couple of Attorneys of your local jurisdiction to make up your mind accordingly.
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Q: Landshark is an abandoned trademark. Does that mean it can be used by the public?

1 Answer | Asked in Trademark for West Virginia on
Answered on Nov 9, 2017

First off, the primary issue with regard to using any trademark is as to HOW you use it. If somebody has a trademark that they use in conjunction with their sales of baked goods, and somebody else wants to use the same or similar mark with the sale of sailboats, the two marks are likely to be allowed to coexist in the market despite their similarity. So, the existence of another trademark, whether abandoned or not, is generally only a problem if you plan to use the same or similar mark in a...
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Q: Hi I had a person to come and pick up a bull from my farm he kept saying he would

2 Answers | Asked in Wrongful Death, Agricultural Law and Animal / Dog Law for West Virginia on
Answered on Nov 2, 2017

It does not appear that the "bull collector" did anything cause the bull to die, so I do not see how he could be responsible for any damages for the bull's death.
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Q: What makes something an intentional tort instead of a criminal act? Who decides what claims to go civil versus criminal

2 Answers | Asked in Personal Injury for West Virginia on
Answered on Nov 1, 2017

Most--if not all--intentional torts ARE criminal acts. Assaults, intentionally running a vehicle into another vehicle, stealing, fraud, and other intentional, wrongful acts are both crimes and torts. I am hard-pressed to think of an intentional tort that is not a crime, but whether the criminal authorities wish to prosecute an intentional, wrongful act as a crime may depend on many factors, such as the evidence and proof of the crime. And don't forget the burden of proof: beyond a reasonable...
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Q: I asked about medical malpractice due to my left leg being broken and suffering

1 Answer | Asked in Medical Malpractice for West Virginia on
Answered on Nov 1, 2017

If you are the person who asked a similar question yesterday, the answer I gave to that question still largely applies. Whether you have a case or not is more of a medical issue than a legal issue at this point. If it was a nurse whom you believe was negligent, then your attorney must hire a nurse to provide a sworn, written opinion that the nurse fell below the standard of care in treating you. If you believe that your treating physician negligently failed to order that you be restrained, then...
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Q: Other than discharge due to "undue hardship", can student loans be reduced or paid for through chapter 13?

1 Answer | Asked in Bankruptcy for West Virginia on
Answered on Oct 24, 2017

No it will not reduce the amount or lessen the payments, except that it will usually go into deferment, but interest and late fees still accrue, so if you do a 13, continue to make some sort of payment to cover that
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Q: Can back taxes (i.e. Federal Income Tax) be included in Chapter 13?

1 Answer | Asked in Bankruptcy for West Virginia on
Answered on Oct 24, 2017

Yes, you can include federal taxes owing in your Chapter 13 Plan
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Q: I'm 16 and was adopted about 2 years ago, everything has completely changed. How could I change my guardian???

1 Answer | Asked in Family Law, Adoption and Child Custody for West Virginia on
Answered on Oct 15, 2017

Elaborate what has changed? Their attitude, behaviour or violating terms of guardianship to which they agreed? Change of guardian won't be that easy unless you have solid and verifiable grounds. Better consult that Attorney who processed your case of guardianship.
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Q: My sister took my daughter for a week and now refuses to give her back or answer my calls. Help me please.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for West Virginia on
Answered on Oct 6, 2017

Given details are more of an offence that your sister is subjected to. She is forcibly keeping in custody of your 3-yr old daughter whom she was bound to return after a short family visit permitted under a trust. Moreso, she is denying you to have access to your daughter even by phone.

Suggest you to immediately report the matter to your nearest police post (after consultation with Attorney of local jurisdiction) so as to register the matter in the best interest of your kid. Keep me...
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Q: Can a probation officer remove my daughter from my house, if I allow her to quit school? She is on it for truancy

1 Answer | Asked in Criminal Law and Juvenile Law for West Virginia on
Answered on Oct 4, 2017

Question is not clear. A mere preposition. Removal from your house may apply when you are supporting child or co-parenting on order of the court and bound to provide her all necessary support as agreed by you. Consult your Attorney
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Q: If I hit a jaywalker and I still at fault?

1 Answer | Asked in Personal Injury for West Virginia on
Answered on Sep 29, 2017

It depends. If your fault as the driver is greater than the jaywalker, you can be responsible for your percentage of the total fault. For example, if you are speeding through downtown Morgantown near the WVU campus when students are everywhere, and you hit one because you are in a hurry, you would likely be more than 50% at fault and would be responsible for at least some of the student's damages. Notify your automobile insurance company so it can investigate the incident. Your insurance...
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Q: Just about a week ago to this day I got a knock on my door, to find out it was the office clerk at the apartments

1 Answer | Asked in Wrongful Death for West Virginia on
Answered on Sep 22, 2017

Yes, you challenge that under the estate law --contact a member of the West Virgina Trial Lawyers Assn--they give free consults.
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Q: bit into his sandwich and found a piece of plastic about 1 by 1/2 . does he have a case?

2 Answers | Asked in Products Liability for West Virginia on
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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Q: My son was in a physical fight while drunk and was injured

1 Answer | Asked in Personal Injury for West Virginia on
Answered on Aug 25, 2017

His health insurance will pay his medical bills to the extent his policy provides and subject to his deductible, regardless of who started the fight.

It is unlikely that any policy providing liability insurance will pay either party in a fight. Most liability policies exclude coverage for intentional acts, so even if your son was attacked, any liability insurance company would probably deny the claim. Liability insurance companies insure against losses caused by negligent acts, not...
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Q: Whats the chances of moving to Alaska from West Virginia with a child?

1 Answer | Asked in Family Law for West Virginia on
Answered on Aug 7, 2017

It depends on the custody order. Is it from Maryland? Generally, if one parent wants to move out of state, he or she have to get permission from the other parent to move out of state. Since the child is in West Virginia, you may want to talk a West Virginia attorney to get more information.
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Q: I have children 4 children that I pay child support to in WV, I live in Ohio. Now 2 of the kids (15 &18) are both living

1 Answer | Asked in Child Support and Family Law for West Virginia on
Answered on Jul 29, 2017

Ordinarily you would petition the court that issued both the custody and support orders, particularly since WV is close to OH. That would be the cleanest way of getting eveything done at one time. It would be unlikely that a court would modify the child support unless you had legal as well as physical custody of the older children.
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Q: What are my 2nd Amendment rights with Article 128 GCM conviction AND an Honorable discharge? GCM was 2005.

1 Answer | Asked in Civil Rights, Constitutional Law and Military Law for West Virginia on
Answered on Jul 27, 2017

If you were taken to a General Courts-Martial (not a Special, Summary, or Article 15), then you have a felony conviction. That conviction will prevent you from ever possessing a firearm or ammunition. Possession of such is a federal (civilian) offense and a crime in all state jurisdictions.
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Q: Is it possible to file a personal injury claim from an injury suffered while in prison?

2 Answers | Asked in Personal Injury for West Virginia on
Answered on Jul 21, 2017

Depends on the situation. As these cases are specialized, contact the WVa. Civil Liberties Union and ask for their prison litigation section then ask them for the names of "cooperating attorneys." They will be in the best position to guide you.
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Q: $21,000 cc debt and $9,000 car loan. Only income is SSDI $1,100 a mth. Child support of $600 in 3mths. Best option?

1 Answer | Asked in Bankruptcy for West Virginia on
Answered on Jul 8, 2017

Looks like you be a candidate for a Chapter 7.. SSDI is exempt from the Means Test, so you should be good
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Q: My mom was in the hospital from trying to commit suicide and then was placed under suicide watch

1 Answer | Asked in Health Care Law and Medical Malpractice for West Virginia on
Answered on Jun 26, 2017

No, you cannot sue for anything. If there is a case, it is your mother's case. The hospital may be negligent, but the damages your mother suffered may not justify spending the substantial money and investing the time it takes to prosecute a medical negligence case. If your mother, or her qualified representative, is interested in pursuing her potential case, she should contact a local attorney who handles medical malpractice cases to see if the potential verdict in the locale would justify...
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