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West Virginia Personal Injury Questions & Answers
2 Answers | Asked in Employment Law, Personal Injury and Employment Discrimination for West Virginia on
Q: What to do when you get fired from your job after 10 yrs & right before your FMLA is due to be in affect.

I was diagnosed with a serious form of cancer & got fired due to missing 7days in a yr.

Kyle Anderson
Kyle Anderson answered on Jun 24, 2021

Hello, more information is needed here. Did you miss due to your cancer? I would highly recommend reaching out to an employment law attorney to discuss this situation.

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1 Answer | Asked in Divorce, Personal Injury, Real Estate Law and Insurance Defense for West Virginia on
Q: Need help filing a dismemberment claim
Tim Akpinar
Tim Akpinar answered on Jun 21, 2021

A West Virginia attorney could advise best, but your post remains open for three weeks. At this point, you could reach out to West Virginia attorneys. If the dismemberment involved loss of an extremity in a work-related setting, it could involve element of workers' comp law. But if it was... Read more »

2 Answers | Asked in Personal Injury for West Virginia on
Q: What is the statute of limitations for a personal injury claim in West Virginia?
Jeffery Robinette Esq
Jeffery Robinette Esq answered on Feb 28, 2021

Personal injury lawsuits in West Virginia must be filed within two years of the event or accident that caused the injury. It is essential to make sure you get your personal injury lawsuit filed in Virginia's court system before the two-year window closes and your claim is forever barred.... Read more »

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1 Answer | Asked in Personal Injury for West Virginia on
Q: i was cut at birth the papers were signed off by a parent or a grandparent can i go and unsign the person passed away
Tim Akpinar
Tim Akpinar answered on Jan 12, 2021

A West Virginia attorney could advise best, but your question remains open for two weeks. It isn't fully clear from the description what this matter here involves. If you mean you were cut at birth, as in literally cut and injured, and your relatives signed a release regarding your rights to... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for West Virginia on
Q: Does a person need to go back to work 100 days after surgery
R. Joseph Kramer
R. Joseph Kramer answered on Jun 10, 2020

It all depends on the circumstances. In Illinois, where I am licensed, if your doctor has not cleared you to return to work then you should not go back to work. If the doctor has told you that you may resume work, you would not be entitled to any additional compensation for the time you spent off... Read more »

1 Answer | Asked in Personal Injury for West Virginia on
Q: What type of lawyer do I need for breast implant recall?

Allergan company

Aaron Tompkins
Aaron Tompkins answered on May 6, 2020

You would be looking for a personal injury lawyer, a products liability lawyer or specifically a lawyer that works in medical equipment defects.

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Personal Injury for West Virginia on
Q: What happens in a civil litigation if it consists of a animal bite.what steps will happen?
Brooks West II
Brooks West II answered on Oct 14, 2019

It depends. A personal injury case involving an animal bite can sometimes be settled just like a car accident type case before a lawsuit even needs to be filed. The first step would be to call an attorney experienced in dog bite cases and get a free consultation. Although dog bite cases can be... 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
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... Read more »

D. Michael Burke Esq
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... Read more »

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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
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,... 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
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 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
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 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
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... Read more »

2 Answers | Asked in Personal Injury, Products Liability and Energy, Oil and Gas for West Virginia on
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

I got first degree burns to my face and neck, it burnt off my eyelashes and eyebrows, and has messed with my vision

D. Michael Burke Esq
D. Michael Burke Esq answered on May 20, 2018

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...
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1 Answer | Asked in Personal Injury for West Virginia on
Q: My apartment complex has a fountain that kids play in and my daughter was injured

-- what are the laws about an "attractive nuisance" i keep hearing about?

D. Michael Burke Esq
D. Michael Burke Esq answered on May 7, 2018

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... Read more »

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

Release the breaks and I was hit hooked to the truck. Do I have a claim against the tow truck company also?

D. Michael Burke Esq
D. Michael Burke Esq answered on May 7, 2018

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... Read more »

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

Flying down the road going about 80 and swerved intentionally and hit my other dog that was down their with me , me and my fiancé had our lights on so they definitely seen us , and my dog was on the side of the road where the gravel is . Neither car stopped . Is their anything we can do ?

D. Michael Burke Esq
D. Michael Burke Esq answered on Apr 8, 2018

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... Read more »

1 Answer | Asked in Personal Injury for West Virginia on
Q: I cannot find my lawsuit that we filed on december 13 2017 anywhere. Not here or pacer??

Filed state. Yes we have a lawyer. I have the paperwork. The company still has not responded

D. Michael Burke Esq
D. Michael Burke Esq answered on Mar 29, 2018

Do you have an attorney? In what court did you file your suit--Federal or State? Pacer is Federal; if you filed in West Virginia State Circuit Court, you will need to contact the Circuit Clerk in the county where you filed your case. Might you have filed it in Magistrate Court? I will need more... Read more »

1 Answer | Asked in Personal Injury for West Virginia on
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
D. Michael Burke Esq answered on Mar 16, 2018

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... Read more »

1 Answer | Asked in Personal Injury for West Virginia on
Q: My neighbor left his front door open and his dog ran out and bit my daughter.

How can I get him to pay for the medical bills but not get his dog in trouble?

D. Michael Burke Esq
D. Michael Burke Esq answered on Feb 2, 2018

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...
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