Doctors office is trying to enforce a 3 strike policy with missing appointments where you will not be allowed to speak treatment there. Just tried to reschedule my appointment because after driving around for 20 minutes in 3 different parking lots including a garage there were not spots a... Read more »
answered on May 23, 2023
Physicians have the right to end the Patient Physician relationship. The only time there me be a legal issue is for patient abandonment where a patient must prove that the physician ended the relationship at a critical stage in the patient’s treatment without good reason or sufficient notice to... Read more »
answered on May 3, 2023
For starters, get medical treatment/examination. If you can photograph the hole. You are a business invitee, and are owed a higher duty of care than a trespasser (I'm assuming this was during normal business hours.
Your right to recovery will be affected by what you say. Avoid... Read more »
answered on May 23, 2023
You can bring a premises liability case against the dealership/property owner. In WV, all places open to the public have a duty to keep their premises in a reasonable safe condition. However, if the hole was open and obvious you will not be able to bring a case. If the hazard, which was not open... Read more »
Will the proceeds get taxed capital gain if I take my time 1 to 2 years not buying another house. Proceeds of the home sales is less than $100K
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2023
If you meet certain conditions, you may exclude the first $250,000 of gain from the sale of your home from your income and avoid paying taxes on it. The exclusion is increased to $500,000 for a married couple filing jointly.
1) Your home sale must not have been property you acquired in a... Read more »
She used plugged in my info from 2 years ago. When I found out and confronted her she started blaming the party that prepared her taxes. When I talked to them they said she came in with court papers and then they hung up on me. I’d like to know what my options are at this point. I’ve already... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2023
If your ex-wife filed a joint tax return using your information without your knowledge or consent, this could potentially constitute identity theft and tax fraud. It is good that you have already taken steps to report the fraud to the Identity Fraud Department and the IRS.
You may also want... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2023
In general, the Federal Sentencing Guidelines provide a framework for determining the appropriate sentence for a federal offense, based on the severity of the crime and the offender's criminal history. The guidelines take into account a variety of factors, including the offense level and the... Read more »
My professor and the textbook say that the US is first to invent when it comes to patents. However, while doing further research I found that the US is first to file. I am not sure if I should put what they think is the right answer or the actual answer on my notes for the exam.
answered on Mar 7, 2023
For many years, the US was a first to invent country. That changed in 2011 see -- https://en.wikipedia.org/wiki/Leahy%E2%80%93Smith_America_Invents_Act
There is a narrow exception that if someone takes the idea of another (AND YOU CAN PROVE THAT) then the first to file will lose out over... Read more »
My professor and the textbook say that the US is first to invent when it comes to patents. However, while doing further research I found that the US is first to file. I am not sure if I should put what they think is the right answer or the actual answer on my notes for the exam.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023
I would recommend putting down the actual answer, which is that the United States has a first-to-file patent system. Under this system, the first person or entity to file a patent application for a new invention is granted the exclusive rights to that invention, regardless of who may have invented... Read more »
I have revoked their right to release my med records but this info is now in a health information system and accessible to many doctors. She said marijuana was responsible for my symptoms that started years before using marijuana. She was unaware that there are different forms and concentrations of... Read more »
answered on Mar 6, 2023
There is no limit on what doctors may or may not put in your records.
Some faculties/medical groups have procedures to addresses issues in patients' medical records.
In some states, there are methods in which you can seek a medial record change, or an addition to your medical records.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023
It is possible to receive credit for time served on pre-trial home incarceration, but it will depend on the specific circumstances and the laws in the jurisdiction where the case is being heard. Generally, if a person is found not guilty or if the charges are dismissed, they may be able to receive... Read more »
I have a traditional federal govt retirment account and a Roth IRA which I started in 2022. Im also over age 60 in 2022. I made contributions not knowing that my household income would exceed the IRA limit. I have not filed my tax return for 2022. I requested a Roth IRA withdrawal for the exact... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023
If you have made a contribution to a Roth IRA for tax year 2022 and your modified adjusted gross income (MAGI) exceeds certain limits, you may be subject to an excess contribution penalty tax. For tax year 2022, the phase-out range for Roth IRA contributions for individuals filing as single or head... Read more »
answered on Dec 19, 2022
Being in prison does not forfeit your rights of inheritance. But it is difficult to get what is yours. Hire a competent lawyer to assert your claims, and be cognizant of Exemption Rights if there are claims against you. The lawyer can hold your money in trust until you get out on Parole.
I arrived behind a city dirt dump truck at a stop sign. He seen people he knew in the parking lot beside him and decided to change course. He put his truck in reverse and slammed into me. I'm missing multiple days of work, as well as having to pay 3$ a day rental fee, and I just bought my car... Read more »
answered on Dec 17, 2022
A West Virginia attorney could advise best, but your question remains open for two weeks. One option is to file a claim or lawsuit. Until you're able to consult with a local attorney, keep in mind that as a general matter nationwide, there could be short deadlines for bringing claims against... Read more »
In my Chapter 13 I had a cram down on one of my vehicles. While in the plan, the amount agreed to was paid in full. About a year later, I voluntarily dismissed my Chapter 13 and wanted to know where that vehicle stands as far as being paid off or not.
answered on Nov 15, 2022
In a Ch. 13 proceeding, an Order of general discharge is entered upon completion of the confirmed Plan. If you dismissed before that time, no Discharge of debt was entered. As a result, upon dismissal, you were returned to the position you were in immediately prior to the filing of the... Read more »
answered on Oct 6, 2022
The purpose of probate is to retitle assets owned by a deceased person. If a person dies owning nothing, then no probate is required (with vary rare exceptions). This may sound impossible to you, but actually it is surprisingly common.
A perfect example is the person who engaged in... Read more »
answered on Sep 25, 2022
A West Virginia attorney could advise best but your question remains open for four weeks. If you're seeking an attorney, it's going to be difficult for law firms here to reach out to you. This forum is more Q & A format than an attorney referral service. There's a tab above you... Read more »
I am a Licensed Professional Counselor working as an Independent Contractor for a small private practice. I am planning on starting my own practice in the near future and have a handful of long-term clients that the current practice will not be able to absorb. If the clients want to continue... Read more »
answered on Sep 22, 2022
Firstly, judicial enforcement of non-compete agreements (often called "Covenants Not to Compete" in WV) is heavily fact-dependent, with consideration given to the reasonableness of the agreement, the legitimate interests of an employer seeking protection, the adverse impact on the... Read more »
I am a Licensed Professional Counselor working as an Independent Contractor for a small private practice. I am planning on starting my own practice in the near future and have a handful of long-term clients that the current practice will not be able to absorb. If the clients want to continue... Read more »
answered on Sep 20, 2022
The answer to your questions will depend on (1) what West Virginia courts consider enforceable non-competition provisions, (2) the specific facts and circumstances of your case, and (3) the language of the non-compete as well as any other restrictive covenants (clauses that forbid you from doing... Read more »
papers never filed. Can the house be sold?
answered on Aug 25, 2022
Have a WV attorney search the Title, determine Heriship, and draft/record an Affidavit of Heirship as a source of Title. Those owners should be able to sell the home. If minors, the Court will have to approve the conveyance. Someone has to pay the taxes and any secured debt, or the home will be... Read more »
Via virtual conference, online I don't live in the state of New york
answered on Aug 11, 2022
You can file a lawsuit against a company that is in a different state than you but you would likely be required to make some appearances, such as at trial. Since COVID, many things are now handled remotely. It would be beneficial to have a local lawyer that can appear on your behalf for certain... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
