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West Virginia Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for West Virginia on
Q: I got 90 days home confinement with community service. I draw SSI/SSDI in WV do I have to do community service ?
Tim Akpinar
Tim Akpinar
answered on May 22, 2023

A West Virginia attorney could answer best, but your question remains open for two weeks. You could try reposting and adding Criminal Law as a category. Good luck

2 Answers | Asked in Personal Injury for West Virginia on
Q: I stepped in a hole & fell at the Chevy dealership and severely sprained my ankle. What are our legal options?
Peter N. Munsing
Peter N. Munsing
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...
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1 Answer | Asked in Personal Injury and Products Liability for West Virginia on
Q: Can I sue a company if their commercial gave me migraines?

In 2016, a television commercial for a product flashed rapidly in my darkened bedroom. It was so awful that it gave me a tremendous headache in my temples. I've been having debilitating headaches in my temples, at least once a week, every week since that day in 2016. I had never had headaches... View More

Tim Akpinar
Tim Akpinar
answered on Apr 11, 2023

A West Virginia attorney could advise best, but your question remains open for four weeks. It sounds like it could be a difficult case to find a law firm on a contingency basis. Aside from the element of foreseeability, damages such as headaches can be hard to argue in court. They are not like... View More

1 Answer | Asked in Personal Injury for West Virginia on
Q: I need someone to help me with pursuing a mental anguish case that I can prove was 100% malice intent and also mental an
Tim Akpinar
Tim Akpinar
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... View More

1 Answer | Asked in Insurance Bad Faith, Personal Injury, Antitrust and Collections for West Virginia on
Q: I need pointed in right direction for mental anguish claim
Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 2, 2022

The right direction is to contact a personal injury lawyer in your area, set up a consultation, specifically discuss the specifics of your situation and determine your options. Good luck.

2 Answers | Asked in Personal Injury, Civil Rights, Elder Law and Health Care Law for West Virginia on
Q: Can I ask for proof of documents of someones role of being appointed power of attorney?

How should someone go about asking for this or even a living will?

Tim Akpinar
Tim Akpinar
answered on Aug 1, 2022

A West Virginia attorney could advise best, but your question remains open for three weeks. As a general practice nationwide, in most instances it's simply a matter of asking to see them. I have not had experience with them in settings involving living wills, but in general litigation, I ask... View More

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2 Answers | Asked in Car Accidents and Personal Injury for West Virginia on
Q: Injured in car accident that I was not liable for, how to get compensated?

No citations were issued, however, the other driver's insurer accepted liability. The other driver was a 17 year old boy. Now, It appears that my medical costs may exceed the liability portion of the other driver's parents' policy. If my costs do exceed that limit, how do I obtain... View More

Albin Moser
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Albin Moser pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2022

Yes, you should contact your own motor vehicle insurance company and discuss with them your underinsured motorist insurance. If there is money under your policy to pay for the amounts beyond the limits of the other driver's policy, then you are fortunate to have those benefits. Although you... View More

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1 Answer | Asked in Personal Injury for West Virginia on
Q: can an individual patient with covid 19 have any course of action for compatation against ahospital for neglect ?

also a complaint was filed and the hospital was cited bye the State OFLAC Office .

Tim Akpinar
Tim Akpinar
answered on Sep 21, 2021

A West Virginia attorney could advise best, but your question remains open for two weeks. A law firm would need to investigate further before making an assessment, if they were interested in such a case. You could reach out to local attorneys to discuss. However, with such matters in general,... View More

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... View 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
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Jeffery Robinette
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.... View 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... View 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... View 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
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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... View 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... View More

D. Michael Burke
D. Michael Burke
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... View 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
D. Michael Burke
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,... View 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
D. Michael Burke
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... View 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
D. Michael Burke
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... View More

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