West Virginia Recent Legal Answers from Lawyers

Your summary does not contain enough facts to provide an opinion if your case has merit.  I would need to know the medication  you were put on and the condition which would have made it contraindicated (not recommended).  Please provide that information and I would be happy to discuss your case in more detail.  Nick Deets HOVDE DASSOW + DEETS, LLC Meridian Tower| 201 W. 103rd Street Suite 500| Indianapolis, IN  46290 Telephone:  (317) 818-3100| Facsimile:  (317) 818-3111 Email: ndeets@hovdelaw.com Website:  www.hovdelaw.com    ... Read More

Call a local WV attorney, not me. But, generally, only an original will, done in compliance with the law, can be admitted to probate. Without the original will, the inheritance will pass according to the state intestate statute, which usually, in most states, divides the estate between the spouse and children. Yoy should consult with a lawyer. Perhaps it is not wise to have a disable brother inherit property, especially if he is receiving or may potentially receive government aid.... Read More

You dd not say whether you were married or not. Assuming you were merely a couple, was both names on the vehicle? If so, you must sue him for partition of the asset you jointly own. He may give up the vehicle if a suit is started as it will cost him money to buy you out as well as attorney fees. You can get to own the care in total only if he gives you any interest he might have in the thing. If you are married, you can trade all interest for something you do not wish to keep he might want.... Read More

you cannot expunge anything your were guilty of-by plea or conviction. if by chance the WV DUI was a first time offenders program, you shouldnt have a conviction for it unless you didnt finish the program. if you blew off or didnt know about the class, it may require you to complete the class to clear up your record. call a WV attorney .... Read More

It is hard to tell you whether you have a viable medical malpractice case because you are in the middle of things. Also, hospital born infection cases are very difficult. Deal with your immediate medical problems and if you learn over the next few months that some of your problems are permanent in nature, contact a medical malpractice attorney.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website.   ... Read More

It's not important, but you would not be sued for slander, which relates to oral defamation, but for libel, which relates to written defamation. My answer is based on your public message.  It might change depending on what was in your private message. Not using names may not help you, if the people are nevertheless identifiable to a reasonable reader.  For example, "a certain highly paid Yankee third baseman currently on the disabled list cheated on his wife."  However, even if the people are identifiable, your statements may well not be defamatory.  Only statements of fact can be defamatory, not opinions, so your opinion that "it's sick" is not defamatory.  Your statement that an adult is dating a teenager, however, is a statement of fact.  Only false statements can be defamatory, however, so if it is true that this adult is dating a teenager, your statement cannot be defamatory.  If your statement is false, it may be considered defamatory, although some may not consider it defamatory.  It seems to me a close question whether falsely stating that an adult is dating a teenager damages the reputation of either of the parties.  It might depend on the relative ages of the parties.  Accusing an 18 year old of dating a 17 year old is probably not defamatory; accusing a 30 year old of dating a 13 year old probably is.   Even if your statement is defamatory, the defendant may still not win the lawsuit, since he may not be able to show any actual damages arising from your statement, either because his reputation was already so bad that you did no damage (for example, if you falsely claim that Ted Bundy killed 15 people, when he actually only killed 14, you have not damaged his reputation) or because you did not actually cost him any money (for example, did he lose a job, or some business opportunity, or otherwise lose some money because you damaged his reputation?)  There are certain types of statements which are considered defamatory "per se", meaning that a person has a claim for defamation even if he can't prove any actual damages; his recovery would be whatever punitive damages the judge or jury awards.  In my opinion, this statement is not per se defamatory, but many might disagree with me; again, it might depend on the ages of the parties.  Assuming the statement is not per se defamatory, your adversary will need to prove actual damages to win, which will be difficult to do.   I hope this gives you a better insight as to your chances of winning any lawsuit.  Remember, in most situations, even if you win you will be responsible for paying your own legal fees and court costs, as will he.  This may mean that the guy will go through with his threat to sue you; the fact that he is calling his claim slander rather than libel may indicate that he has not consulted a lawyer.  As for what you can do about what you term harassment, probably not much until and unless the guy breaks the law.  ... Read More

It is a breach of accepted standards of care to fail to delivery the placenta, but the question will be whether the case is financially viable if your wife sustained no permanent harm. Articles beow discuss this issue.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. ... Read More

Yes, if I understand your question correctly, if the underlying tax debts owed on the back taxes are dischargeable in your bankruptcy case (see how tax dischargeability is determined) then by filing your bankruptcy prior to filing your tax returns, you may be able to protect any refunds you have coming from current taxes. However, in order to protect those refunds, you must have sufficient exemptions available under applicable state law and then take those exemptions in your bankruptcy case. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.    ... Read More

You may have a cause of action for the broken hip depending on the facts and circumstances surrounding the fall. When a patient is admitted to a nursing home, a fall assessment has to be done and a care plan must be developed for the patient that takes into consideration the risk factors disclosed.  Issues addressed in the assessment include whether a patient is taking medication that raises the risk of fall, whether the patient has a history of vertigo, dizziness, syncope or seizures, whether the patient had a history of falls within the last six months, whether the patient ambulates independently without the use of an assistive device and the mental status of the patient.  Depending on how your father was classified in the initial assessment, the home could have violated its own fall protocols. (For example, if they provided footwear it should have been slop resistant). If you want to investigate a case further, you should contact a local medical malpractice attorney (one in your state), preferably, one that specializes in nursing home negligence cases. They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz. Click here for my website.  ... Read More

Yes, I am not aware of any jurisdiction in which automobile insurance information is protected from disclosure.  You can refuse to provide it, but then they can fire you.  The company obviously has an interest in confirming that you have auto insurance, since if you get into an accident while performing services for the company, it may be liable.... Read More

You haven't really given me enough information to allow me to give you an answer.  I'm assuming your employer will pay you for the actual time you are "called out."  Do I understand your question to be "does my employer have to pay me for time when it requires me to be available to work even though I'm not scheduled and the "call out" is not an emergency?"... Read More

I'm assuming your job is properly classified as "exempt" under both federal and state minimum wage and maximum hours laws since you really do not provide sufficient information for me to evaluate your classification status.  IF you indeed qualify as "exempt" under the law, you can be required to work as many hours as needed to do the job without receiving additional pay.  Only employees who are "hourly" or "non-exempt" are entitled to overtime pay after they have actively worked 40 hours in a workweek.  An employee who is "exempt" is "exempt" from the requirement that the employer pay them overtime.  ... Read More

While it depends on the reason you would claim the termination was "wrongful," you usually have 2 years to file suit.  Remember, however, that just believing you were treated unfairly does not amount to "wrongful termination."  You would have to prove that the termination was because of your age, race, sex, (or some other status protected by law), because you were a "whistle blower," because you are disabled, because you exercised some right guaranteed by law ("concerted activity" such as seeking to have a union represent you), or that the discharge was in retaliation for you participating in some protected conduct (such as an investigation by the West Virginia Human Rights Commission, etc.).  If you believe you were discharged for any of these reasons, we would recommend you contact a good labor and employment lawyer promptly and have him or her evaluate your situation.... Read More