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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... View More
I got first degree burns to my face and neck, it burnt off my eyelashes and eyebrows, and has messed with my vision
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... View More
-- what are the laws about an "attractive nuisance" i keep hearing about?
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... View More
Release the breaks and I was hit hooked to the truck. Do I have a claim against the tow truck company also?
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... View More
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 ?
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... View More
Filed state. Yes we have a lawyer. I have the paperwork. The company still has not responded
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... View More
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... View More
How can I get him to pay for the medical bills but not get his dog in trouble?
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... View More
I'm a delivery driver for papa John's and friday night i was on a delivery and was attacked by the owners dog while going to knock on the door. I did not see any beware of dog signs and the owners of the dog wouldn't even come outside two younger children come out and got the pizza.... View More
answered on Nov 19, 2017
You may have a case against the homeowner, as well as a Workers' Comp claim. Have you seen a doctor? You will receive nothing (or very little) if you don't seek medical attention. Our office no longer handles Workers' Comp cases, but the rule used to be that you had to miss at least... View More
court?
answered on Nov 1, 2017
Most--if not all--intentional torts ARE criminal acts. Assaults, intentionally running a vehicle into another vehicle, stealing, fraud, and other intentional, wrongful acts are both crimes and torts. I am hard-pressed to think of an intentional tort that is not a crime, but whether the criminal... View More
answered on Sep 29, 2017
It depends. If your fault as the driver is greater than the jaywalker, you can be responsible for your percentage of the total fault. For example, if you are speeding through downtown Morgantown near the WVU campus when students are everywhere, and you hit one because you are in a hurry, you would... View More
-- will insurance cover any of the costs if he is the one that started the fight?
answered on Aug 25, 2017
His health insurance will pay his medical bills to the extent his policy provides and subject to his deductible, regardless of who started the fight.
It is unlikely that any policy providing liability insurance will pay either party in a fight. Most liability policies exclude coverage for... View More
answered on Jul 21, 2017
Depends on the situation. As these cases are specialized, contact the WVa. Civil Liberties Union and ask for their prison litigation section then ask them for the names of "cooperating attorneys." They will be in the best position to guide you.
I am the mdl in the west Virginia court and I see I have a case and number but the lawyer representativing is from another law firm si I am confused. Also do you have to be present for these trials
answered on May 16, 2017
I would suggest you get a clear answer to your question about who your attorney is from the counsel you originally hired and signed a contract with. In many of these MDL product defect cases, lawyers will collaborate with other lawyers/law firms who may have already litigated the same type of case... View More
answered on Mar 31, 2017
Yes. Whether your injuries are serious enough to justify a lawsuit is another issue. I would recommend that you speak with an attorney in Huntington who represents injured people to ask what your options are.
answered on Feb 24, 2017
No. You are supposed to adjust your speed for conditions. If yoiu brake and slide you were going to fast for conditions "then upon the roadway." You hydro--you didn't slow down enough.Sorry.
My dads wrongful death settlement. Lawyer told me not to come to the hearing. Only ended up getting $17,000. And then only 11,000 after lawyer fees.
answered on Feb 22, 2017
Not sure as to the amount. Fee for a recovery of $17 to you sounds about right.
As tothe amount ot the settlement, understand what the total was, then ask a West Virginia Trial Lawyers Assn member about it.
He had surgery to remove the tumor yesterday. It has spread to his jaw and now requires a longer and more risky surgery. He's 81 years old
answered on Jan 19, 2017
A lawyer would need to see the records but it certainly would warrant being looked at. I suggest your dad contact a member of the W.Va.Assn for Justice that handles medical carelessness cases--they give free consultations.
All the bet to your dad.
because my credit was too poor to secure the loan. She won't release the car to me even though she's made zero payments on it. Do I have any legal recourse to get it back or at least get her to reimburse me for the money I'm out?
answered on Dec 19, 2016
You have apurchase money security interest however she will claim it's a gift. If the loan isn't in your name you can threaten to stop making payments--depending how much you have in with how much it will cost to get it back, may be worth it just to leave it that way.See if she'll... View More
answered on Oct 28, 2016
Liability coverage applies when a driver is at fault (in other words, is "liable"), and is used to pay the damages of someone who is not more than 50% at fault. If your insurance policy provides only liability coverage, you will not be able to make a claim against your policy, regardless... View More
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