West Virginia Recent Legal Answers from Lawyers

An llc is a separate legal entity.  You don't own the property and are not the landlord; rather you own the llc which owns the property and it is the landlord.  As a non-lawyer, you are allowed to act as your own attorney, but not to practice law by representing anyone or anything else, such as the llc.  If you bought 100% of the stock of IBM, it would still be a separate entity, even though you owned it, and would still require a lawyer to represent it.  This is probably the first time anyone picked up on the problem in your eviction cases and raised it with the judge.... Read More

I'm not familiar with WV law, so it may be different, but I believe that, unless their lease provides otherwise, the landlord can't bar your friends from having guests in the apartment they lease as long as those guests comply with the rules of the complex.  It is not a question of your rights; you have no right to enter onto someone else's private property against their wishes.  It is a question of your friends' rights.... Read More

If the agreement is legal, it doesn't become illegal because it was entered into by text message.  If i understand you correctly, you paid somebody to do something which was not illegal, they took the money, but haven't performed the agreement.  You can sue them for your money back or the amount of money you had to pay someone else to perform what the first party was supposed to do.  However, you can't compel them to specifically perform - a Court may order the breaching party to pay damages, but won't order them to perform a personal services contract.... Read More

FOR WEST VIRGINIA ONLY: Child support in West Virginia is set by the child support formula. The following information is needed to complete the formula. The result will only be an estimate, as the Judge?s Clerk completes the actual formula. Number of children with this other parent residing with each parent. Number of other children supported by each parent. Average monthly gross wages/salary for each parent, including bonus, commission, vacation, etc. Average monthly over time wage income for each parent (formula uses 1/2 average OT)Any other average monthly earned income. For self-employed, Judge should review financial statement. Average monthly amount paid for medical insurance in total; divide by number of persons.... Read More

Every jurisdiction has some procecdures for collecting on judgments, which may include garnishing the judgment debtor's income and restraining and attaching the debtor's assets.  I don't know what these procedures are in West Virginia.  Assuming you don't want to hire an attorney, the Clerk of the Court maybe able to guide you to sources for learning about collection procedures.... Read More

If there is already a Trust in place and you are the current acting Trustee, we can prepare a Trustee's deed for the change - provided it is allowed under the terms of the Trust. We would need to review the Trust language to make sure such a change is allowed, or explain to you how the plan is to be carried out upon your Mother's passing, if it is not possible to make the change now. To do those two items, it is not a lot of time, but will be worth the peace of mind it will bring you. We can review documents via email and discuss over the phone if you are not located near our offices. Otherwise, have it reviewed by an estate or probate attorney in your local area.... Read More

If you had a propensity to develop blood clots, advised your surgeon of this, and he still failed to place you on anticoagulants following surgery you may have a viable malpractice case. The question will be whether the case is financially viable, and the answer to that question turns on the nature of your damages. If the single stent surgery and a brief period of time laid up is the extent of your harm, then you will probably have a hard time finding an attorney to take the case. Articles below explain the issue of financial viability in more detail.  If you want to investigate a 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.  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. Click here to review articles that I have published. 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  Click here for my website. ... Read More

Your wife is still entitled to use her 10 year tourist visa after your marriage, but she must convince the immigration officers when she arrives that she is only coming on a temporary basis. She should tell the truth every time she comes to the States. She should also understand that the visiting visa does not entitle her to stay long periods of time in the US.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

You certainly have good reason to investigate a case.  The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able  to show that earlier intervention would have changed the outcome. This is  a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable. If you want to investigate your case further, 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. 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. 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. Click here to review articles that I have published. 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  Click here for my website. ... Read More

Yes, you can sue for the cable company's negligence.  I think it likely that a judge or jury will find that you were each partly at fault, but you could recover something.  However, you should take a look at your contract with the cable company to see what it provides with regard to any limitations on liability.... Read More

You are in a rush and you are mixing apples and oranges. You are entitled to the fair market value of your car, whatever it is. do your own research and let the carrier know what you find. Don t quibble over small dollars, just get close. If you have personal injuries, they are separate . don't talk about them til you are well, released by the doctor and know all your losses and expenses. See a good PI lawyer.... Read More

Yes, you own and 1/2 interest in the house and your husband's son owns a 1/2 interest in the house, so to get the entire ownership, you need to buy out his 1/2. ? There are adjustments, for example, if you paid on the mortgage - the principle amount is taken off his 1/2, same if you added any improvements to the house. On the other side, if you have lived there and he didn't you would owe him for 1/2 the rental value of the house.... Read More

I don't understand why you have waited so long to commence a lawsuit, but you should not wait any longer.  Start your lawsuit.  If you have good reason to believe that the doctors are about to leave the jurisdiction and take their assets with them, you may be able to make a motion and get the Court to grant you some interim relief to protect you, such as providing that any proceeds from the sale of the doctors' home, after secured lenders (mortgagees) are paid off, be held in escrow pending the conclusion of your lawsuit.... Read More