West Virginia Questions & Answers by Practice Area

West Virginia Questions & Answers

Q: Ive been on levothyroxine since I was around 19, I Am Now 33. few months ago my doctor refused to refill my prescription

1 Answer | Asked in Medical Malpractice for West Virginia on
Answered on Jan 23, 2018

If we assume (and it's a big assumption) that the doctor fell below the accepted standard of care when he took you off your medication, a jury where I practice would not award you enough to make your case worth the time and expense it would take to pursue it. Medical malpractice cases are very expensive (tens of thousands of dollars out of pocket), and--in West Virginia--require what amounts to an affidavit from another doctor stating that the first doctor committed malpractice before anyone...
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Q: if you owe a friend money and they file with the court for a judgment or garnishment,can it be included in bankruptcy?

1 Answer | Asked in Bankruptcy for West Virginia on
Answered on Jan 10, 2018

If you owe the person who is filing bankruptcy money, it's possible that the bankruptcy trustee will seek to collect this money from you.

Information provided for informational purposes only and should not be taken as legal advice.
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Q: Do insurance companies have to sell you full coverage insurance if there is a lein on the car(still owe money to a bank)

1 Answer | Asked in Insurance Bad Faith, Car Accidents and Consumer Law for West Virginia on
Answered on Dec 26, 2017

The lien company may require it but the insurance agent asks what you want, you may have said "the cheapest," and that's what you have. I'm not aware of any state that requires that you have collision coverage. Your bank would normally require it, but if you ask your agent for "full coverage" they are attuned to providing full liability coverage and may not have asked whether you wanted full first party protection.

But the lien company may have it so ask them.
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Q: Will I still receive a settlement from compensation for my back surgery after I return to work?

1 Answer | Asked in Workers' Compensation for West Virginia on
Answered on Dec 18, 2017

If your claim is in West Virginia, you would have to contact a West Virginia lawyer for legal advice. If you are able to return to work without "any" work restrictions even though you had a back fusion that would decrease the value of your settlement.
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Q: In WV is it legal to drive over a sidewalk with a yellow line to park in a parking place?

1 Answer | Asked in Car Accidents and Traffic Tickets for West Virginia on
Answered on Dec 12, 2017

Probably not, but it is difficult to say because I don't have enough information. Did the driver drive clear across the sidewalk to reach an empty parking space in a parking lot? Or did the driver inadvertently drive one tire over the edge of a curb while parallel parking? Without more facts, I can't give you a more definitive answer.
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Q: My aunt in west Virginia had passed and left her estate to her friend. My brother and I are her lawful heirs

1 Answer | Asked in Probate for West Virginia on
Answered on Dec 11, 2017

If her will is submitted to probate, and the court approves it, then the executor must follow it. Use the Find a Lawyer tab to consult a WV probate attorney who can review the facts, whether your aunt was mentally competent, whether the friend exerted undue influence, etc. You could file a challenge with the probate court.
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Q: What do i do?

1 Answer | Asked in Personal Injury, Workers' Compensation and Animal / Dog Law for West Virginia on
Answered on Nov 19, 2017

You may have a case against the homeowner, as well as a Workers' Comp claim. Have you seen a doctor? You will receive nothing (or very little) if you don't seek medical attention. Our office no longer handles Workers' Comp cases, but the rule used to be that you had to miss at least 4 days of work, as verified by a doctor, before you could receive any benefits for wage loss. Of course, your medical bills should be paid by your employer's Workers' Comp carrier. And I do not think it is your...
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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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