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
- 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 (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
West Virginia Questions & Answers
Q: I am trying to find a lawyer who will bring a malpractice case and a liable case against Sedgwick CMS
2 Answers
| Asked
in
Libel & Slander, Medical Malpractice and Personal Injury
for
West Virginia
on
Answered on Mar 18, 2019
Answered on Mar 18, 2019
D. Michael Burke Esq's answer
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" doctor, who probably does a lot of work for Sedgewick. Call a local Workers' Comp attorney to see if you can reopen your W/C claim. Good luck.
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" doctor, who probably does a lot of work for Sedgewick. Call a local Workers' Comp attorney to see if you can reopen your W/C claim. Good luck.
Q: How hard is it to file chapter 7 bankruptcy without an attorney?
Timothy Denison's answer
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.
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.
Q: In a wrongful death case can my lawyer give some of my settlement to other people after i signed the release form
D. Michael Burke Esq's answer
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 the sole beneficiary of his estate. West Virginia's wrongful death statute provides that the judge or jury distribute the recovery to the following: "surviving spouse and children, including adopted...
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 the sole beneficiary of his estate. West Virginia's wrongful death statute provides that the judge or jury distribute the recovery to the following: "surviving spouse and children, including adopted...
Q: What is res ipsa loquitur and how would it relate to a personal injury dog bite case?
1 Answer
| Asked
in
Personal Injury and Animal / Dog Law
for
West Virginia
on
Answered on Nov 5, 2018
Answered on Nov 5, 2018
D. Michael Burke Esq's answer
"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 off.
With regard to dog bites cases in West Virginia, a similar doctrine may apply. If the dog is "running at large," in other words, not under its owner/keeper's control or confined, the owner...
"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 off.
With regard to dog bites cases in West Virginia, a similar doctrine may apply. If the dog is "running at large," in other words, not under its owner/keeper's control or confined, the owner...
Q: How would you recommend for an undergraduate student to get started on preparing for the LSAT. Thank you!
Timur Akpinar's answer
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 practice exams, and TIMING yourself as you do them. If a course is out of your budget, there are self-study resources out there. But if you have the budget for a course, a good course could be valuable....
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 practice exams, and TIMING yourself as you do them. If a course is out of your budget, there are self-study resources out there. But if you have the budget for a course, a good course could be valuable....
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's answer
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 the job, but for his accident-related injuries.
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 the job, but for his accident-related injuries.
Q: If you are turning from a public road to a private one who has the right of way??
Harley Wagner's answer
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.
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.
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's answer
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.
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.
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
D. Michael Burke Esq's answer
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 should call a local attorney who handles criminal cases.
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 should call a local attorney who handles criminal cases.
Q: Does the fact that the police didn't cite me help determining liability for my car accident?
D. Michael Burke Esq's answer
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 non-negligent party. Ultimately, who is or is not charged has no bearing in a civil action arising from the wreck--the judge or jury listens to the facts and determines who--if anyone--was at fault.
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 non-negligent party. Ultimately, who is or is not charged has no bearing in a civil action arising from the wreck--the judge or jury listens to the facts and determines who--if anyone--was at fault.
Q: Can a company use my image in videos promoting their business without my consent?
1 Answer
| Asked
in
Copyright and Intellectual Property
for
West Virginia
on
Answered on Jul 16, 2018
Answered on Jul 16, 2018
Camille Brooks Ibrahim's answer
That is copyright infringement you need to speak to an intellectual property lawyer.
That is copyright infringement you need to speak to an intellectual property lawyer.
Q: My dog bit our neighbor while he trespassed on our property. Can he sue me for his injuries?
1 Answer
| Asked
in
Personal Injury and Animal / Dog Law
for
West Virginia
on
Answered on Jun 25, 2018
Answered on Jun 25, 2018
D. Michael Burke Esq's answer
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 carrier. If you will need an attorney, your insurance company will hire one for you.
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 carrier. If you will need an attorney, your insurance company will hire one for you.
Q: Lawyers put me out of Estate administration 4 days prior to settlement. I started the wrongful death and had contract.
D. Michael Burke Esq's answer
I would need more factual information before I could give you any meaningful advice. The personal representative has the authority to settle the case. If you were in the class of persons entitled to make a claim for damages, you had a potential claim for damages from the wrongful death settlement.
What was your relationship to the decedent? If you had no relationship, your recovery may be limited.
You should contact another plaintiff's attorney in the Charleston area and...
I would need more factual information before I could give you any meaningful advice. The personal representative has the authority to settle the case. If you were in the class of persons entitled to make a claim for damages, you had a potential claim for damages from the wrongful death settlement.
What was your relationship to the decedent? If you had no relationship, your recovery may be limited.
You should contact another plaintiff's attorney in the Charleston area and...
Q: For Mother’s Day we had a cookout, but after starting the grill and while I was cooking it blew up in my face burning me
2 Answers
| Asked
in
Personal Injury, Products Liability and Energy, Oil and Gas
for
West Virginia
on
Answered on May 20, 2018
Answered on May 20, 2018
D. Michael Burke Esq's answer
This can be a very complicated case, and costly, too. What exactly blew up? Did the grill malfunction? Was the grill well maintained? Was it a gas grill--and did the propane tank explode? Did a connection leak?
All of these questions must be answered to determine who was at fault. But the most critical issue in a case of this sort is: how severe were the injuries? was hospitalization required? How much are the medical bills? Will you require plastic surgery?
This can be a very complicated case, and costly, too. What exactly blew up? Did the grill malfunction? Was the grill well maintained? Was it a gas grill--and did the propane tank explode? Did a connection leak?
All of these questions must be answered to determine who was at fault. But the most critical issue in a case of this sort is: how severe were the injuries? was hospitalization required? How much are the medical bills? Will you require plastic surgery?
Q: My apartment complex has a fountain that kids play in and my daughter was injured
D. Michael Burke Esq's answer
For you to make a successful claim on behalf of your daughter, you must prove that the owner or manager of the complex was negligent. In other words, did the owner or manager do something that they should not have done, or fail to do something that should have been done, and was that negligence a cause of your daughter's injuries? West Virginia does not recognize the "attractive nuisance" doctrine.
I recommend that you contact a local injury attorney to discuss your daughter's case.
For you to make a successful claim on behalf of your daughter, you must prove that the owner or manager of the complex was negligent. In other words, did the owner or manager do something that they should not have done, or fail to do something that should have been done, and was that negligence a cause of your daughter's injuries? West Virginia does not recognize the "attractive nuisance" doctrine.
I recommend that you contact a local injury attorney to discuss your daughter's case.
Q: I was in an accident which I was in the process of being towed the tow truck driver ask me to sit in my truck and
D. Michael Burke Esq's answer
Possibly, but the far better case against the driver who hit your car while you were being towed (if I fully understand your situation). In any event, you cannot collect twice for the same injury or damage; I would pursue a claim against the tow truck company only if the at-fault driver did not have enough insurance.
Possibly, but the far better case against the driver who hit your car while you were being towed (if I fully understand your situation). In any event, you cannot collect twice for the same injury or damage; I would pursue a claim against the tow truck company only if the at-fault driver did not have enough insurance.
Q: My dog engaged wt another dog in the neighborhood street he didn’t bite it but was aggressive threatening have mine kill
Michelle Johnson Esq's answer
WV has a strict liability dog bite statute that's limited to dogs running at large or off the leash. If the dog is running at large, the victim/s will not be required to prove the owner was negligent. I'm not sure if this answers the question because the question wasn't very clear.
WV has a strict liability dog bite statute that's limited to dogs running at large or off the leash. If the dog is running at large, the victim/s will not be required to prove the owner was negligent. I'm not sure if this answers the question because the question wasn't very clear.
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