West Virginia Personal Injury Legal Questions

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20 legal questions have been posted about personal injury by real users in West Virginia. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include boating accidents, nursing home litigation, and automobile accidents. All topics and other states can be accessed in the dropdowns below.

Does all lawyers give a first consultation?

Answered 5 years ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
Sorry to hear about this unfortunate mishap. Yes some lawyers do take these types of cases on contingency fee, which means you don't pay anything unless you win. Also keep in mind there is a statute of limitations that you have to comply with, which means that you have to bring your lawsuit within a certain amount of time, and if you don't do that, then you will be forever precluded from bringing Seeking justice. So you need to retain counsel immediately.... Read More
Sorry to hear about this unfortunate mishap. Yes some lawyers do take these types of cases on contingency fee, which means you don't pay anything... Read More

I was hit by another vehicle and I am uninsured, what will happen?

Answered 10 years and 6 months ago by attorney Jeffery L. Robinette   |   1 Answer   |  Legal Topics: Personal Injury
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
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... Read More

If my boyfriend was hurt after getting hit by a car, what can he do about it now to get paid?

Answered 10 years and 6 months ago by Georges Herman Shers (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Personal Injury
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
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... Read More

Is it too late to talk with a lawyer if I got hurt on January 1, 2014?

Answered 10 years and 6 months ago by attorney Jeffery L. Robinette   |   1 Answer   |  Legal Topics: Personal Injury
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
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... Read More

What do we do about lost wages after an accident injured my husband? How?

Answered 10 years and 7 months ago by Edwin K. Niles (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Personal Injury
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
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... Read More

If I was in a car accident and my attorney is not useful, can I do anything?

Answered 10 years and 7 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Personal Injury
Make an appointment, sit down with your lawyer, explain your needs and ask what the game plan is. If you are not satisfied, get another lawyer.
Make an appointment, sit down with your lawyer, explain your needs and ask what the game plan is. If you are not satisfied, get another lawyer.
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
Natural gas can be a relatively inexpensive and efficient heating fuel, but the dangers of explosion, fire, and carbon monoxide poisoning which can... 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
Property owners and managers have a legal responsibility to protect the safety of visitors to their property. This includes owners of retail... Read More

What is our rights and what do we do on our neighbor who constantly throws things in our backyard?

Answered 11 years and 6 months ago by C. Page Hamrick III (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You might try calling Health and Human Resources, Adult Protective Services.
You might try calling Health and Human Resources, Adult Protective Services.

If I was injured at a fast food store, will I be compensated?

Answered 11 years and 7 months ago by C. Page Hamrick III (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
FOR WEST VIRGINIA ONLY: You need to go to the hospital emergency center/physician and then see an attorney.
FOR WEST VIRGINIA ONLY: You need to go to the hospital emergency center/physician and then see an attorney.

Can you sue for the difference of a car after an accident?

Answered 11 years and 11 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Personal Injury
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
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... Read More

Can you sue for the difference of a car after an accident?

Answered 11 years and 11 months ago by James Eugene Hasser (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Personal Injury
Unfortunately, in Alabama, the law is that they owe you the cost of repair or the value of the vehicle, whichever is less. Sorry.
Unfortunately, in Alabama, the law is that they owe you the cost of repair or the value of the vehicle, whichever is less. Sorry.

Can you sue for the difference of a car after an accident?

Answered 11 years and 11 months ago by Ronald A. Steinberg (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Personal Injury
If you signed a release in order to get the money, then you cannot go any further. What you "pay" for a car and what that car is "worth" are 2 different things. The time to argue was when you were negotiating with her insurance company. Not after you sign a release and get a check.
If you signed a release in order to get the money, then you cannot go any further. What you "pay" for a car and what that car is "worth" are 2... Read More

What should I ask for in a settlement?

Answered 12 years and 5 months ago by Ronald A. Steinberg (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Personal Injury
Why don't you hire a lawyer and let him/her worry about it. I can guarantee that if you try to do it yourself, you are going to screw it up.
Why don't you hire a lawyer and let him/her worry about it. I can guarantee that if you try to do it yourself, you are going to screw it up.

if someone attacks me and I am mentally disabled will they get in trouble when we go to court?

Answered 13 years and 5 months ago by Mr. Richard Alan Alsobrook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
If anyone attacks another, they will face repercussions, regardless of whether the acts constitute a criminal or civil matter.  Any disability may constitute grounds for harsher punishment depending on the type of relationship to the disabled, and/or the state in which the injury occurred. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More
If anyone attacks another, they will face repercussions, regardless of whether the acts constitute a criminal or civil matter.  Any disability... Read More
Dog bites hurt. Not only do they hurt, they can cause serious muscle and deep tissue injuries, as well as infections that can result in serious health problems for years. If you have been bitten by a dog, you must take the incident seriously. Follow these steps: If it was a stray dog, write down the breed, size, color and distinctive markings. Call the local police immediately and report the incident. Talk to witnesses and get their version of the incident and their contact names, addresses and phone numbers.If it was a pet, ask for all contact information from the owner. Write down the dog's name, breed, distinctive markings. DO NOT engage in negotiations with the owner for an off-the-books settlement. You will not know the severity of the injuries until you see a doctor and receive proper treatment. Once money changes hands, your claim for a serious injury will lose merit with the courts. Report the incident to the police. If it was a friend's or relative's dog, the police will advise you how to handle the legal issues. Talk to an experienced personal injury attorney. Let your lawyer handle the details with the insurance company. In many cases, the pet owner's homeowner's insurance will pay the settlement, with very little financial impact on the owner.   ... Read More
Dog bites hurt. Not only do they hurt, they can cause serious muscle and deep tissue injuries, as well as infections that can result in serious... Read More
Yes, unless there is specific policy language in your health care plan exempting you from repayment for your auto collision injuries.  An experienced personal injury lawyer can negotiate with your insurance company to reduce the total amount of repayment required.
Yes, unless there is specific policy language in your health care plan exempting you from repayment for your auto collision injuries.  An... Read More
I am sorry to hear about your broken ankle.  Such an injury can take months of rehabilitation including surgery and physical therapy depending on the extent of the injury.  If you believe that your injury was caused by your employer deliberately putting you in a dangerous situation that led to your injury, you may be eligible for compensation.  If you believe that you were fired because of that injury, you should take advantage of the free consultation that most personal injury lawyers offer.  A personal injury attorney will consider the facts of your case and will be able to evaluate whether or not you have a claim against your employer.... Read More
I am sorry to hear about your broken ankle.  Such an injury can take months of rehabilitation including surgery and physical therapy depending... Read More
West Virginia law requires automobile operators and owners to have a minimum of $20,000 in liability coverage for personal injury and $10,000 for property damages.  The at-fault driver's insurance will not settle your claim without a full release - so, you can sue personally for more money, but you will have to go to court to obtain a personal judgment.  There is no guarantee you will recover more, and you should consider the cost of going to court.  An experienced personal injury lawyer can answer your questions further.  ... Read More
West Virginia law requires automobile operators and owners to have a minimum of $20,000 in liability coverage for personal injury and $10,000 for... Read More