West Virginia Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
West Virginia Questions & Answers
Q: Is it possible to file a personal injury claim from an injury suffered while in prison?
Peter Munsing's answer
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.
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.
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?
Stuart Nachbar's answer
Looks like you be a candidate for a Chapter 7.. SSDI is exempt from the Means Test, so you should be good
Looks like you be a candidate for a Chapter 7.. SSDI is exempt from the Means Test, so you should be good
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
Answered on Jun 26, 2017
D. Michael Burke Esq's answer
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...
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...
Q: I want to sue for punitive damages for a car accident do I just go to my local court and file a law suite.
Peter Munsing's answer
If you are suing for damages for injury you only get punitive damages if defendant was dui. The fact his company act like jerks is not on them. However it's possible under some situations you may have an unfair insurance claims handling case. These are very technical. Get a free consult from a member of the WVaTrial Lawyers Assn. that handles insurance bad faith.
If you are suing for damages for injury you only get punitive damages if defendant was dui. The fact his company act like jerks is not on them. However it's possible under some situations you may have an unfair insurance claims handling case. These are very technical. Get a free consult from a member of the WVaTrial Lawyers Assn. that handles insurance bad faith.
Q: I want to sue an insurance company and insurer for punitive damages do I do that through my local Court
Peter Munsing's answer
Those cases are very technical. If the insurer is out of state you may sue in State or Federal Court. Why not contact a member of the WVaTrial Lawyers Assn who handles "bad faith" cases and see what they say?
Those cases are very technical. If the insurer is out of state you may sue in State or Federal Court. Why not contact a member of the WVaTrial Lawyers Assn who handles "bad faith" cases and see what they say?
Q: My siblings and I have been made aware of our legal right to make a claim for part of the settlement in wrongful death
Jan F Hoen's answer
Wrongful death beneficiaries and the distribution of damages for wrongful death are determined by statute in Virginia. It is separate from the decedent's estate (not an inheritance) and does not fall under the will. While your stepfather can qualify to be the personal representative for the wrongful death claim, he must distribute the proceeds to the statutory beneficiaries.
If the death occurred in Virginia, the statutory beneficiaries are the surviving spouse and any children of the...
Wrongful death beneficiaries and the distribution of damages for wrongful death are determined by statute in Virginia. It is separate from the decedent's estate (not an inheritance) and does not fall under the will. While your stepfather can qualify to be the personal representative for the wrongful death claim, he must distribute the proceeds to the statutory beneficiaries.
If the death occurred in Virginia, the statutory beneficiaries are the surviving spouse and any children of the...
Q: Question regarding medical malpractice.
Peter Munsing's answer
Unlikely you do but the estate may. As to the hearing aid issue, I don't see legal liability (which is different from moral responsibility). If the family didn't see it should the hospital? If the family saw it they could have replaced it?
Why not contact a member of the W.Va. Trial Lawyers Assn that hanldes medical cases--they give free cosults.
Unlikely you do but the estate may. As to the hearing aid issue, I don't see legal liability (which is different from moral responsibility). If the family didn't see it should the hospital? If the family saw it they could have replaced it?
Why not contact a member of the W.Va. Trial Lawyers Assn that hanldes medical cases--they give free cosults.
Q: What is the best way to fight a out of state traffic ticket?
Brandon K. Davis' answer
You should contact an attorney in the county in WV where this accident occurred to discuss representation for your father. Due to his CDL privileges, it is important that the offense does not end up on his record. An attorney may be able to fight the ticket or attempt to have it amended to a non-moving violation. Ideally, the attorney would appear your father's behalf. However, only a local attorney is going to be able to discuss specific options. Best of luck!
You should contact an attorney in the county in WV where this accident occurred to discuss representation for your father. Due to his CDL privileges, it is important that the offense does not end up on his record. An attorney may be able to fight the ticket or attempt to have it amended to a non-moving violation. Ideally, the attorney would appear your father's behalf. However, only a local attorney is going to be able to discuss specific options. Best of luck!
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
Answered on May 16, 2017
Robert D. Kreisman's answer
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...
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...
Q: If someone injures you with a BB gun when they were trying to hunt can you sue them?
D. Michael Burke Esq's answer
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.
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.
Q: Can you be considered less at fault for a car accident if it was raining?
Peter Munsing's answer
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.
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.
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.
Ben F Meek III's answer
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.
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.
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
Answered on Feb 22, 2017
Peter Munsing's answer
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.
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.
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
Answered on Feb 18, 2017
Peter Munsing's answer
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.
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.
Q: My dependent who is my live in girlfriend has defaulted student loans if I claim her can the IRS take my refund?
D. Mathew Blackburn's answer
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).
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).
Q: If I've adopted a child can I sign him over to another family when he is 17?
Brian Lehman's answer
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.
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.
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
Answered on Jan 19, 2017
Peter Munsing's answer
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.
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.
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
Answered on Jan 14, 2017
Jonathan Rosenfeld's answer
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...
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...
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
Peter Munsing's answer
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.
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.
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
D. Mathew Blackburn's answer
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...
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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