West Virginia Questions & Answers by Practice Area

West Virginia Questions & Answers

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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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.

2 Answers | Asked in Car Accidents for West Virginia on
Answered on Jun 22, 2017

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.
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Q: I want to sue an insurance company and insurer for punitive damages do I do that through my local Court

1 Answer | Asked in Car Accidents for West Virginia on
Answered on Jun 22, 2017

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?
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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

2 Answers | Asked in Wrongful Death for West Virginia on
Answered on Jun 12, 2017

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...
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Q: Question regarding medical malpractice.

1 Answer | Asked in Medical Malpractice for West Virginia on
Answered on Jun 9, 2017

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.
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Q: What is the best way to fight a out of state traffic ticket?

1 Answer | Asked in Traffic Tickets for West Virginia on
Answered on Jun 5, 2017

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!
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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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