West Virginia Q&A by Practice Area

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West Virginia Questions & Answers

1 Answer | Asked in Car Accidents for West Virginia on

Q: I was coming around a curve and clipped mirrors with another vehicle on a one lane road with no yellow lines.

The cop didn’t write me a ticket at the scene and only my took my information down. Will I receive a ticket? The cop never said who was at fault.

Peter N. Munsing answered on Jun 19, 2019

No reason you should--or not. Follow the path of the ancient sage, Lei Lo

Seriously, if you get a citation, plead not guilty if you think you were on your side of the imaginary center line. Do not give a statement to the other person's insurance if they call. They'll sound all friendly but...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for West Virginia on

Q: I'm interested in selling, on installment payments, vacant land in West Virginia that I own outright.

I would prefer to use a Land Contract with installment payments specified and a forfieture clause defined. The land contract would not be recorded. Conveyance would only occur after all payments were made as defined in the contract. If the Buyer defaults on the contract due to non-payment, is a... Read more »

Bruce Alexander Minnick answered on Jun 6, 2019

Unless West Virginia is way behind the times you should know that the use of unrecorded land contracts (a/k/a contracts for deed) for the sale of land owned free and clear are getting more and more rare--probably because the land buyers of today are becoming smarter and smarter. But hey: if you can... Read more »

1 Answer | Asked in Contracts for West Virginia on

Q: I live in West Virginia and have a title loan in Ohio. My fiance's name is on the title. I got a loan she didn't know

They told me they didn't require her to be there or sign anything. She called them and told them she didn't agree or know about it. Now they refuse to talk to her about the account. What can she do?

Bruce Alexander Minnick answered on Jun 5, 2019

She can get on a computer and ask these questions herself.

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for West Virginia on

Q: I bought a home 10/2018 cash, personal money. I put my g/f's name on title/deed with me. Can I have her taken off?

She has/had $0 income nor input into home.

Thomas A. Grossman answered on May 24, 2019

Unfortunately putting your girlfriend's name on a deed is like giving her a half ownership interest in the property. I don't think you can get her off of the deed unless you buy her out. Hopefully you can work it out with her, but be sure that you have a written contract drawn up showing that she... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for West Virginia on

Q: i sustained multiple cruel and unusual punishments while in north central region jail in wv .may i sue for this?

pictures and grievances filed for an attorney to see. can someone help me?

Peter N. Munsing answered on May 23, 2019

Contact the WVa Civil Liberties Union, ask for names of "cooperating attorneys" who handle prison litigation. They usually give free consults and can tell you if you have a case.

2 Answers | Asked in Libel & Slander, Medical Malpractice and Personal Injury for West Virginia on

Q: I am trying to find a lawyer who will bring a malpractice case and a liable case against Sedgwick CMS

I was injured 7/3/1992. I am old WV Worker's Comp Law. I have permeant disability. Sedgwick CMS with held treatment for two years. I now have stage 4 spinal canal stenosis. In addition they had a independent doctor make a liabile statement that there was no reason I could not return to work. I have... Read more »

D. Michael Burke Esq answered on Mar 18, 2019

I do not believe that you can sue Sedgewick for anything. Your remedy was to appeal the decision in your Workers' Compensation claim. If you did not have an attorney in your Workers' Comp claim, you should have. He could have obtained a report from your doctor, and cross-examined the "independent"... Read more »

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1 Answer | Asked in Bankruptcy for West Virginia on

Q: How hard is it to file chapter 7 bankruptcy without an attorney?

Timothy Denison answered on Feb 23, 2019

Substantially difficult and very frustrating for everyone involved. While you are permitted to file pro se, it would be much smarter to find an attorney who can help you and who will accept payments toward the fee.

1 Answer | Asked in Probate for West Virginia on

Q: Re; Probate in WV .. My Father passed leaving me Executor and only Benificiary. Problem getting access to house

Will reads; hereby give, devise and bequeath all the rest, residue, and remainder of my estate, real, personal and mixed, whersoever situate of which I may die, seized and posessed ... Problem is his wife of a few short years (who cheated on him) he lost all trust in her, but she won't leave the... Read more »

Jingzhan Wang answered on Dec 12, 2018

where is the house in question located?

1 Answer | Asked in Wrongful Death for West Virginia on

Q: In a wrongful death case can my lawyer give some of my settlement to other people after i signed the release form

I signed release form that stated i am the sole beneficiary and i am to get 100% of the settlement.Now my lawyer is calling my husbands family and trying to give them some of the settlement.

D. Michael Burke Esq answered on Dec 11, 2018

I would need more information to give you a specific answer to your question. You are apparently the personal representative of what seems to be your late husband's estate. That does not mean that you are the sole recipient of the wrongful death recovery, even if your husband left a will naming you... Read more »

1 Answer | Asked in Personal Injury and Animal / Dog Law for West Virginia on

Q: What is res ipsa loquitur and how would it relate to a personal injury dog bite case?

D. Michael Burke Esq answered on Nov 5, 2018

"Res ipsa loquitur" is a Latin phrase that means "the thing speaks for itself," in other words, an act or injury that does not occur without negligence on some party's fault. An example would be a doctor's cutting off the wrong leg in an operation. Without negligence, the wrong leg is never cut... Read more »

1 Answer | Asked in Uncategorized for West Virginia on

Q: How would you recommend for an undergraduate student to get started on preparing for the LSAT. Thank you!

I am a Legal Studies student at Alderson Broaddus University. I am hoping to begin preparing for the LSAT as soon as possible. I am also still trying to pick a minor that would directly benefit me for law school later on. If there are any minor suggestions that you could provide that too would be... Read more »

Timur Akpinar answered on Oct 14, 2018

Do some research on the respected companies offering review courses and find out which ones fit within your budget and schedule. Look into the quality and size of their test banks. You could learn techniques from good instructors, but preparation for the exam is largely a matter of doing lots of... Read more »

1 Answer | Asked in Personal Injury for West Virginia on

Q: If my husband is offered a job, but he can't take it - is that also part of our claim?

D. Michael Burke Esq answered on Oct 5, 2018

It can be, depending on the evidence you have. You will need to prove that a potential employer offered him a job; medical or vocational proof that his accident-related injuries and impairments prevented him from taking the job, and that your husband would have been able to perform the duties of... Read more »

1 Answer | Asked in Traffic Tickets for West Virginia on

Q: If you are turning from a public road to a private one who has the right of way??

Harley Wagner answered on Oct 2, 2018

At any intersection, the same rules under WV law apply. Your question did not indicate if the person turning was turning left or right. However, if turning left, that motorist must yield to oncoming traffic before executing the turn.

1 Answer | Asked in DUI / DWI and Car Accidents for West Virginia on

Q: I just got a 2nd Driving on a suspended and have to appear in five days am I going to go to jail for this

Peter N. Munsing answered on Sep 11, 2018

unlikely but you can get sequential suspensions of your permit. Some judges will figure you didn't get the message and yes, you could do time.

1 Answer | Asked in Bankruptcy for West Virginia on

Q: Can I keep paying my student loans as usual under income-based repayment during a Chapter 13 repayment period?

I work for a government agency and am paying my loans back under IBR. I am planning to apply for student loan forgiveness under the PSLF program when I am eligible in 6 years. I want to exclude these loans from a Chapter 13 payment plan and just pay them as usual until PSLF kicks in. Can I count... Read more »

Timothy Denison answered on Sep 1, 2018


1 Answer | Asked in Car Accidents and Criminal Law for West Virginia on

Q: Today in wv I was in a car accident...failure to maintain control, and 2nd offense driving on a suspended. Can I go to

JaiL when I go to plead before the magistrate?

D. Michael Burke Esq answered on Aug 23, 2018

Your question is out of my area of practice, but I believe that if you enter a not guilty plea, bail will be set. If you don't pay the bail, you will likely be held until you do make bail. If you plead guilty or are found guilty at trial, it's possible that you would be sentenced to jail. You... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for West Virginia on

Q: Does the fact that the police didn't cite me help determining liability for my car accident?

D. Michael Burke Esq answered on Jul 27, 2018

Not necessarily. If the the other driver was cited, an insurance company would likely determine that the other driver was at fault. If neither driver was charged, then the insurance companies will look to other factors. In many cases, though, the investigating officer gets it wrong, and cites a... Read more »

1 Answer | Asked in Civil Rights for West Virginia on

Q: My daughter aunt got her a car on a loan my daughter paid to get it legalized and down payment paid the monthly payments

She took the car from her for no good reason and my daughter wants all of her money back.

What can we do

Gary Kollin answered on Jul 23, 2018

This is not civil rights

1 Answer | Asked in Copyright and Intellectual Property for West Virginia on

Q: Can a company use my image in videos promoting their business without my consent?

A wrestling promotion is using my image from when I worked with them in a video promoting a wrestler trying to gain more customers to their next show. I never gave consent or signed paperwork saying they could do that

Camille Brooks Ibrahim answered on Jul 16, 2018

That is copyright infringement you need to speak to an intellectual property lawyer.

1 Answer | Asked in Personal Injury and Animal / Dog Law for West Virginia on

Q: My dog bit our neighbor while he trespassed on our property. Can he sue me for his injuries?

D. Michael Burke Esq answered on Jun 25, 2018

Your neighbor CAN sue you, but he could have a difficult time winning the case. The nature of your neighbor's trespass, the breed of your dog, and whether or not your dog has a history of biting people could be factors in the case. You should report the incident to your homeowner's insurance... Read more »

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