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: I'm employed by the military and just last nite got my first ever D.U.I charge .can I lose my job
1 Answer
| Asked
in
Criminal Law, DUI / DWI, Traffic Tickets and Car Accidents
for
West Virginia
on
Answered on Apr 16, 2018
Answered on Apr 16, 2018
Peter Munsing's answer
Depends on your job. Many service members get alcohol related offenses and can stay in. May also affect your clearance if you have one. Check with an attorney see if you can get ARD or some similar sidestep if not an out.
Depends on your job. Many service members get alcohol related offenses and can stay in. May also affect your clearance if you have one. Check with an attorney see if you can get ARD or some similar sidestep if not an out.
Q: I need to ask....a few weeks back i received damage to car from the town I love around because a water worker did not
D. Michael Burke Esq's answer
You should talk with a local attorney who could advise you. If you have comprehensive coverage on your own auto insurance policy, you should turn it in to your company, and it sounds like you have already done so. You should also contact the town to see if there is anything it would do to help you out.
Whether it would be worth taking your case to court would depend on the amount of damage you have suffered. A case against the town could involve whether you had the opportunity to see...
You should talk with a local attorney who could advise you. If you have comprehensive coverage on your own auto insurance policy, you should turn it in to your company, and it sounds like you have already done so. You should also contact the town to see if there is anything it would do to help you out.
Whether it would be worth taking your case to court would depend on the amount of damage you have suffered. A case against the town could involve whether you had the opportunity to see...
Q: Two different people ran over two of my dogs , in a 15 minute period , while I was tending to my dog whisper a car came
1 Answer
| Asked
in
Animal / Dog Law, Car Accidents and Wrongful Death
for
West Virginia
on
Answered on Apr 8, 2018
Answered on Apr 8, 2018
D. Michael Burke Esq's answer
It appears from your question that you do not know the identity of either of the drivers. Without knowing who the drivers were, it would be impossible to take action against them. Even if you knew who the drivers were, a civil case would have limited value in West Virginia. West Virginia law considers dogs to be personal property, and the measure of your loss is based on the fair market value of your dogs, in other words what you could have sold the dogs for. You might also be able to make a...
It appears from your question that you do not know the identity of either of the drivers. Without knowing who the drivers were, it would be impossible to take action against them. Even if you knew who the drivers were, a civil case would have limited value in West Virginia. West Virginia law considers dogs to be personal property, and the measure of your loss is based on the fair market value of your dogs, in other words what you could have sold the dogs for. You might also be able to make a...
Q: Slipped in the grocery store -- there was no sign the floor was wet - are they legally required to do that?
D. Michael Burke Esq's answer
The store's duty is to provide a safe place to shop. If the store's employees knew of the liquid on the floor, they should have cleaned it up, or at least warned that the floor was wet. If the employees knew, or should have known, of the wet floor, the store may be liable for any injuries you suffered, unless the condition was open and obvious to you. If you knew the floor was wet, and walked through it anyway, you would likely lose your claim for injuries and damages. You should contact a...
The store's duty is to provide a safe place to shop. If the store's employees knew of the liquid on the floor, they should have cleaned it up, or at least warned that the floor was wet. If the employees knew, or should have known, of the wet floor, the store may be liable for any injuries you suffered, unless the condition was open and obvious to you. If you knew the floor was wet, and walked through it anyway, you would likely lose your claim for injuries and damages. You should contact a...
Q: With a wrongful death settlement, can it be fought if it isn't split even between siblings?
D. Michael Burke Esq's answer
Yes, he can fight to receive a share of the wrongful death settlement. Whether he is successful depends on the facts, particularly the nature of his relationship with your grandmother. In West Virginia, a judge must approve the amount of a wrongful death settlement, the amount of the attorney's fee, and the distribution of the settlement to those who are entitled to make a claim to a portion of the settlement. The wrongful statute in West Virginia states:
"In every such action for...
Yes, he can fight to receive a share of the wrongful death settlement. Whether he is successful depends on the facts, particularly the nature of his relationship with your grandmother. In West Virginia, a judge must approve the amount of a wrongful death settlement, the amount of the attorney's fee, and the distribution of the settlement to those who are entitled to make a claim to a portion of the settlement. The wrongful statute in West Virginia states:
"In every such action for...
Q: My neighbor left his front door open and his dog ran out and bit my daughter.
D. Michael Burke Esq's answer
In West Virginia, a dog owner is liable for any damage caused by a dog running at large. If you can get the name of your neighbor's homeowner's insurance company, file a claim. The insurance company will pay your daughter's damages.
I strongly recommend that you contact a personal injury attorney in Huntington.
In West Virginia, a dog owner is liable for any damage caused by a dog running at large. If you can get the name of your neighbor's homeowner's insurance company, file a claim. The insurance company will pay your daughter's damages.
I strongly recommend that you contact a personal injury attorney in Huntington.
Q: Can i take my dads estate to surpream court if i feel there are attorneys doing things wrong on my dads estate
D. Michael Burke Esq's answer
There is no way to answer your question without more information. When did your father die? Did he leave a will? Was his death due to natural causes, or as a result of a wrongful act? Is your grandmother the personal representative of the estate? Who are the attorneys, whom do they represent, and what have they done--or not done--that causes you to be dissatisfied?
Answer those questions, and maybe someone can help you.
There is no way to answer your question without more information. When did your father die? Did he leave a will? Was his death due to natural causes, or as a result of a wrongful act? Is your grandmother the personal representative of the estate? Who are the attorneys, whom do they represent, and what have they done--or not done--that causes you to be dissatisfied?
Answer those questions, and maybe someone can help you.
Q: House seller intentionally did not disclose active water leak, what should I do after house purchase?
Richard Sternberg's answer
Get a lawyer in West Virginia where the home is located. In other states where I practice, a material misrepresentation to a consumer in a real estate advertisement can result in treble damages, punitive damages, attorneys fees, and costs. I practice in VA, MD, and DC, but I know I have someone in Pittsburgh, and I believe I can refer you to someone in WV. Or, you could post your question on Avvo.com seeking real estate litigators wherever the house is located.
Get a lawyer in West Virginia where the home is located. In other states where I practice, a material misrepresentation to a consumer in a real estate advertisement can result in treble damages, punitive damages, attorneys fees, and costs. I practice in VA, MD, and DC, but I know I have someone in Pittsburgh, and I believe I can refer you to someone in WV. Or, you could post your question on Avvo.com seeking real estate litigators wherever the house is located.
Q: On December 8, 2017, my family suffered a house fire.
D. Michael Burke Esq's answer
I suggest that you at least contact an attorney to discuss your potential case against your insurance company. You should also try to obtain a copy of the fire investigative report from the local fire department or chief, and from the State Fire Marshall's office.
I suggest that you at least contact an attorney to discuss your potential case against your insurance company. You should also try to obtain a copy of the fire investigative report from the local fire department or chief, and from the State Fire Marshall's office.
Q: Ive been on levothyroxine since I was around 19, I Am Now 33. few months ago my doctor refused to refill my prescription
D. Michael Burke Esq's answer
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...
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...
Q: if you owe a friend money and they file with the court for a judgment or garnishment,can it be included in bankruptcy?
Cristina M. Lipan's answer
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.
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.
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
Answered on Dec 26, 2017
Peter Munsing's answer
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.
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.
Q: Will I still receive a settlement from compensation for my back surgery after I return to work?
Jerry Lutkenhaus' answer
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.
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.
Q: In WV is it legal to drive over a sidewalk with a yellow line to park in a parking place?
D. Michael Burke Esq's answer
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.
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.
Q: My aunt in west Virginia had passed and left her estate to her friend. My brother and I are her lawful heirs
Joseph Jaap's answer
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.
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.
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
Answered on Nov 19, 2017
D. Michael Burke Esq's answer
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...
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...
Q: can a couple get married in more than 1 state
Salim U. Shaikh's answer
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.
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.
Q: Landshark is an abandoned trademark. Does that mean it can be used by the public?
Michael Gerity's answer
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...
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...
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
Answered on Nov 2, 2017
D. Michael Burke Esq's answer
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.
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.
Q: What makes something an intentional tort instead of a criminal act? Who decides what claims to go civil versus criminal
D. Michael Burke Esq's answer
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...
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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