West Virginia Recent Legal Answers from Lawyers

Defamation claims usually have a short statute of limitations -- I don't know it for WV but in Pennsylvanis its one year.  I don't really see any case here for you -- sorry.  Reading between the lines, I think you're leaving out some important facts -- like your test result wasn't what you hoped.... Read More

That depends.  Was the information material?  A failure to disclose unimportant information is not fraud, and will not invalidate the contract.  If the person selling you a car failed to disclose that the odometer had been rolled back 40,000 miles it would probably invalidate the contract; if  he neglected to tell you that the odometer had been rolleed back 3 miles, it probably wouldn't. Did the person who knew the information have a duty to disclose it?  As a very general rule, with many exceptions, one is under no duty to tell the other party about information that you know unless is is information that you had special access to (for example, you are probably not obligated to tell a party buying your property that it is only zoned commercial, because that is a matter of public record which they can find out; you probably would be required to tell them that a neighbor had disposed of toxic chemicals on his next door property) or you have made an affirmative representation about the subject matter (for example, if the seller told the buyer that the property was zoned residential, that would probably invalidate the contract, even though they could have found out tot he contrarty by checking). Did the person who was not aware of the information enter into the contract because of that lack of information?  If the person selling you a car failed to tell you that the odometer had been rolled back that would normally invalidate the contract, but you were only buying the car because it had once been owned by Elvis and weren't planning to drive it, you didn't rely on the failure to disclose, and won't be able to invalidate the contract.... Read More

Yes, you can ask the nurse case manager to wait outside during the examination. That is your time to communicate with the doctor and the nurse can be very distracting for you as well as your doctor. You can revoke (change your mind)  the paper you signed if it gives the nurse permission to come into the exam room with you.... Read More

It depends upon the type of visa your friend is requesting. For example, if your friend is pursuing an investor visa (E visa), he must show he has the funds to invest. If, however, your friend is coming on a student visa, he needs to show sufficient funds to pay for his studies and living expenses. Your friend should consider consulting an attorney directly. In the interim, you can read more about investor visas at http://myattorneyusa.com/e2-treaty-investors-visa.... Read More

If your job was terminated while your OPT STEM extension application is still pending, perhaps the best thing to do would be to quickly obtain employment in your field with another employer who is under E-Verify. You should also notify your DSO of your changed circumstances when you obtain your new employment. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

Unless there is other language limiting or qualifying that statement (for instance, "as long as he remains current in his child support obligation", or words to that effect) it means that you are allowed to claim the state and federal income tax exemptions for your minor child, but that your former spouse is entitled to half of any state and federal tax refunds resulting from your separate tax filing.  That's probably not what you intended, and doesn't sound fiar, but that's what it says.... Read More

Since you had a motor vehicle accident that involved injury or property damage, and you were not covered by car insurance, you should contact an experienced attorney for help. A personal injury attorney will provide a free consultation and if you were seriously injured, that attorney may take your case on a contingency fee agreement meaning that you pay nothing until you receive money from threat-fault person's insurance. A skilled personal injury lawyer is used to negotiating with the insurance companies and can argue the merits of your case. Immediately contact a West Virginia attorney with experience in uninsured motorist cases to defend your rights.... Read More

Contact the insurance carrier for the other driver and see what they are willing to do. Normally they will not pay anything, except for property damage, until they settle the entire case. If he has no medical insurance, he probably needs to see a local attorney who handles such type of cases to get a referral to a physician who treats on a lien basis [charges more money but does not require payment until case gets settled].... Read More

In WV, you have up to two years from the date of the injury to file a lawsuit, but the earlier, the better. The closer you get to that deadline, the more difficult it will be to prove your case. Witnesses and evidence can "disappear" and many of the best personal injury lawyers will be reluctant to take a case at the last minute.... Read More

What do you mean by "ran out" Did the patent expire at the end of its 20 year term from filing or did it lapse for failure to pay a maintenance fee. If it expired, unless the infringement started before the patent expired, there is nothing that you can do. On the other hand, if it lapsed for failure to pay a maintenance fee, it can be revived.... Read More

Almost every day we get a request for evaluation of a claim. We cannot respond to such a request, as there are simply too many elements to be considered. These include percentage of fault, age and health and background of the claimant, the nature of the injury, the treatment, the diagnosis, the prognosis, the cost of the treatment, and the outcome. Also to be taken into account in some cases are the amount and type of insurance coverage and the name of the insurance company. Most attorneys offer a free conference. We suggest that you talk to a few lawyers. Also, you should know that an independent study showed that claimants did better, even after fees, with a lawyer than without. Certainly the wage loss is a part of the claim.... Read More

Although you may have kept your permanent residence all these years because you've been working abroad for a US company, that work would not count towards giving you physical presence in the US. You might be able to file for citizenship when you fulfill your 2 1/2 years of physical presence. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

Depending on the circumstances of the dismissal, you could recoup your costs of defense. Did the judge make a finding that you were "fraudulently joined?" Did your attorney move for sanctions under Rule 11 of the West Virginia Rules of Civil Procedure? With more information, I could give you a more definitive answer.... Read More

Natural gas can be a relatively inexpensive and efficient heating fuel, but the dangers of explosion, fire, and carbon monoxide poisoning which can result in permanent injury or death are safety hazards which must be, and can be, prevented by homeowners and landlords. I advise that homeowners and landlords have an approved maintenance worker check for leaks around stoves, furnaces, and hot water heaters. Firefighters in every county in WV receive dozens of natural gas related calls each year from homeowners like you. An inspection by an experienced and trusted professional is imperative.  When purchasing an appliance, look for the UL markup to ensure it has met safety standards, and if you are purchasing a used item, have it checked by a knowledgeable professional. If you do smell the "rotten egg scent" from the odorant added to natural gas, mercaptan, react quickly and shut off the source if possible, and call a professional or 9-1-1. If the scent is strong, evacuate the house or building, get a safe distance from it, and call emergency help immediately.  Do not smoke, use a lighter or flashlight, cell phone, turn on a light switch, or use other electronic devices in or near the house.  If possible, turn off the gas from the outside of the home. Wise homeowners can also install a gas detector to make sure your home and family doesn't suffer the effects of a natural gas leak. Homeowners should also have their furnace and water heater exhaust pipes checked regularly for safety to prevent backup and carbon monoxide poisoning.  ... Read More

Property owners and managers have a legal responsibility to protect the safety of visitors to their property. This includes owners of retail establishments, government entities and owners of residential properties. Slip and fall accidents are some of the most common events causing injury.  Most of the time, a fall may only cause a bruise or skinned hand, knee, or elbow.  Occasionally, these falls can cause more severe and long term injuries including broken bones which require surgery, head and brain injuries, severe spine, back or neck injuries, or a broken hip. When these injuries cause you to lose time at work, to incur costly medical bills, and impact your family life, you may have a valid claim for negligence.  Slip and falls can occur from natural conditions such as ice and snow on sidewalks and parking lots.  Other times, these injuries occur as a direct result of someone else's carelessness in failing to maintain their property in good condition.  ... Read More

I am only licensed to practice law in Ohio so my response is conditioned on that limitation. I understand the health and financial difficulty you are facing.  Unfortunately, when a state and/or local health agency does not have regulatory requirements related to mold, a tenant is left to his/her common law causes of action, which include negligence and nuisance.    The problem with common law causes of action is that each litigant is expected to pay for its own legal counsel.  Consequently, you would need to find an attorney licensed to practice law in West Virginia who is willing to take your case, and a medical professional willing to testify that your medical issues are “caused by” an exposure to mold.  Proving the causation issue can be difficult.   When funds for hiring an attorney are not available, you could consider contacting your local legal aid society, but they may not have the expertise to handle such a case.      So, on balance, your best option may be to immediately seek alternative housing to remove yourself from the contamination.  Many people get better pretty quickly after terminating their exposure to the mold spores.  I hope this helps.  ... Read More

Yes, you may sue for your injuries caused by the faulty wiring of the heater outlet. There are several electrical code issues that implicate the electrician and even builder. It is more difficult to sue your employer- you must prove that they knew about the dangers and ignored them. You should speak with a skilled personal injury lawyer about your claim as soon as possible to ensure that you do not forfeit your legal rights.... Read More

It all depends on your family size and monthly income. You state that you clear about $5000 a month, meaning you clear $60,000 per year, at 30% to that and you get approximately $78,000 per year income. In West Virginia the median family income for a family of four is only $66,000 per year, meaning if you had four people living within your house you are over $10,000 a year over the limit to file chapter 7 bankruptcy. In Massachusetts this number is $106,000, which would cover your income on allow you to file chapter 7 bankruptcy. The first thing you need to consider is median family income, this can easily be determined by googling "bankruptcy median family income" and then you simply look at the state you reside in. As long as you make less than the median family income, there will be no issues of abuse raised. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes... Read More