West Virginia Questions & Answers by Practice Area


West Virginia Questions & Answers

Q: Why would the lawyers representativing me not be the lawyers I signed a contract with?

2 Answers | Asked in Personal Injury, Products Liability and Civil Litigation for West Virginia on
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 in the same MDL or who is closer to the location of where the MDL is located. However, in cases we have handled in federal court MDLs, if the case we are handling is a bellwether case by...
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Q: If someone injures you with a BB gun when they were trying to hunt can you sue them?

2 Answers | Asked in Personal Injury for West Virginia on
Answered on Mar 31, 2017

Yes. Whether your injuries are serious enough to justify a lawsuit is another issue. I would recommend that you speak with an attorney in Huntington who represents injured people to ask what your options are.
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Q: Can you be considered less at fault for a car accident if it was raining?

1 Answer | Asked in Personal Injury for West Virginia on
Answered on Feb 24, 2017

No. You are supposed to adjust your speed for conditions. If yoiu brake and slide you were going to fast for conditions "then upon the roadway." You hydro--you didn't slow down enough.Sorry.
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Q: My brother is not having the will probated after two months. I am watchdog in WV. How long do I have to wait or can I.

1 Answer | Asked in Probate for West Virginia on
Answered on Feb 22, 2017

If I have understand your question, your mom made a will and entrusted it to you to have it probated. You can present the will for probate yourself. Get an experienced probate lawyer to represent you. He or she can take all the heat off of you and keep anyone from running over you. If you live out of state, you can hire local counsel to serve as your agent. Contact several lawyers and hire the one you like best.
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Q: Wrongful death. The settlement wasn't the agreed amount. Do I still have to pay 33% to lawyer.

1 Answer | Asked in Personal Injury and Wrongful Death for West Virginia on
Answered on Feb 22, 2017

Not sure as to the amount. Fee for a recovery of $17 to you sounds about right.

As tothe amount ot the settlement, understand what the total was, then ask a West Virginia Trial Lawyers Assn member about it.
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Q: Hello , I am asking about the Virginia HB 2163, is it legal to take away someones right for a medication?

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Medical Malpractice for West Virginia on
Answered on Feb 18, 2017

You need to speak with the group that is lobbying against it. Who those are I wouldn't know. Look at newpaper articles on it--it will usually say "......however, Billie Joe McAlister, spokesperson for Not So Fast, a group of opiod treatment professionals said that......." With the internet shouldn' t be hard for someone to fijnd.
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Q: My dependent who is my live in girlfriend has defaulted student loans if I claim her can the IRS take my refund?

1 Answer | Asked in Tax Law for West Virginia on
Answered on Feb 15, 2017

Your refund will not be intercepted for the student loan debts of a dependant. If you file as married the return will be intercepted and you would have to file for injured spouse relief (not the same as innocent spouse relief).
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Q: If I've adopted a child can I sign him over to another family when he is 17?

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

No, you can't sign a child over. The other family might be able to adopt him with a court order. You would need to consult an attorney and, given the age of the child, I would expect it to be difficult.
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Q: My dad has cancer from a tumor in his cheek that his Dr told him was probably nothing last year. Can we sue?

1 Answer | Asked in Personal Injury and Medical Malpractice for West Virginia on
Answered on Jan 19, 2017

A lawyer would need to see the records but it certainly would warrant being looked at. I suggest your dad contact a member of the W.Va.Assn for Justice that handles medical carelessness cases--they give free consultations.

All the bet to your dad.
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Q: How long after the settlement does a person get the papers to sign for the settlement check?

2 Answers | Asked in Products Liability and Medical Malpractice for West Virginia on
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 enacted legislation that requires insurance companies to issue settlement drafts within a certain amount of time following the signature of settlement paperwork. If you have an attorney, I would suggest...
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Q: I put the full down payment and have been making monthly payments on a car that is only in my now ex-girlfriend's name

1 Answer | Asked in Personal Injury for West Virginia on
Answered on Dec 19, 2016

You have apurchase money security interest however she will claim it's a gift. If the loan isn't in your name you can threaten to stop making payments--depending how much you have in with how much it will cost to get it back, may be worth it just to leave it that way.See if she'll take some money to release the title, then you need a lawyer to draw up the agreement.
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Q: I have a newborn baby and me an my boyfriend are 17 living with his parents are they aloud to file there taxes on

1 Answer | Asked in Tax Law for West Virginia on
Answered on Dec 15, 2016

You parents may list you, and/or your baby, and/or your boyfriend on their return as dependents if any of you are dependents according to the IRS. The test is presented in publication 501 and can be found here: https://www.irs.gov/publications/p501/ar02.html.

For relatives the test is:

1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.

2. The child must be...
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Q: I was in a car accident and the insurance only covers liability, what does that mean?

2 Answers | Asked in Personal Injury for West Virginia on
Answered on Oct 28, 2016

Liability coverage applies when a driver is at fault (in other words, is "liable"), and is used to pay the damages of someone who is not more than 50% at fault. If your insurance policy provides only liability coverage, you will not be able to make a claim against your policy, regardless of whose fault the wreck was. If the wreck was the other driver's fault, that driver's insurance company will pay your damages under that driver's liability policy. (Also, in West Virginia, you must have...
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Q: Had my tuck worked on at a Ford dealership they left a bolt lose on the brake caliper . Wheel locked up.

2 Answers | Asked in Products Liability and Consumer Law for West Virginia on
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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Q: Lawyer guilty of invasion of privacy?

1 Answer | Asked in Constitutional Law, Civil Rights and Personal Injury for West Virginia on
Answered on Oct 4, 2016

Depends on the situation. But frequently surveillance videos are allowed that show other people. Talk to your lawyer if you had one there. The lawyer wouldn't be violating anything if the Court allowed it.
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Q: Do I still have to attend ASAP if my DUI clears

1 Answer | Asked in DUI / DWI for West Virginia on
Answered on Sep 24, 2016

If you are required to complete any court-ordered program, failure to do so can result in revocation of probation or a finding of contempt. You should always assume that an order remains in effect until you are advised otherwise.

Q: Ohio issued ovi. Penalties have been met. Ohio says ok to drive. Why can wv require $ and classes to get a new licen

1 Answer | Asked in DUI / DWI for West Virginia on
Answered on Sep 11, 2016

It is all a matter of jurisdiction. The State where you are charged and convicted has personal jurisdiction over you, and can fine, jail, or put you on probation, with conditions. It can also limit your driving privileges in that State. The State where you are licensed has both subject-matter jurisdiction over your license and personal jurisdiction over you as a licensee. Thus, West Virginia can impose any reinstatement requirements permitted under its laws.
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Q: Can evidence gained through blackmail be used in court to prosecute the other person

1 Answer | Asked in Medical Malpractice and Criminal Law for West Virginia on
Answered on Sep 2, 2016

If it isn't the state that got it that way, don't see why not. The law only deals with admissabiltiy of evidence that the state gained through improper activities. If a burglar gets documents and turns them over to the government--let's say a hacker gets emails--those emails can be used as evidence.
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Q: Can I take legal action

1 Answer | Asked in Consumer Law, Small Claims and Products Liability for West Virginia on
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.
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Q: I was divorced in 2014 and my ex remarried. He was ordered to pay spousal suppost for 6 years and to keep an insurance

1 Answer | Asked in Divorce, Insurance Defense and Probate for West Virginia on
Answered on Aug 4, 2016

A lot will depend on the divorce decree and it's intention. Start by talking to the lawyer who you had for the divorce.
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