What Evidence Proves an Assault Claim in West Virginia
Detailed Answer This section explains what kinds of evidence are useful when trying to prove an assault claim in West Virginia. There are two different legal paths with different burdens of proof and different goals: criminal prosecution (the State brings charges) and a civil claim (a victim sues for money or an injunction). Collecting and […]
Read article →West Virginia: What to Do If a Squatter Occupies Property Before a Sale
What happens if someone is squatting in the property before it’s sold — and how to get them removed Short answer: In West Virginia you cannot forcibly remove someone yourself. First identify whether the person is a squatter, a tenant, or has some legal right. Then use written demand, the civil ejectment/forcible-detainer process, and, if […]
Read article →West Virginia: Can a Will Override an LLC Operating Agreement to Give Your Business Interest to Your Son?
How a Will Interacts with an LLC Operating Agreement in West Virginia Short answer: Usually no — a last will does not automatically override an LLC operating agreement in West Virginia. The operating agreement and state LLC law generally control what happens to membership interests at a member’s death. A will may pass whatever ownership […]
Read article →Will Medical or Chiropractor Liens Be Deducted From My Settlement in West Virginia?
Short answer Yes. In West Virginia, medical providers—including hospitals, doctors, and chiropractors—and health insurers can often seek payment (by lien, subrogation, or reimbursement) out of a personal-injury settlement. Federal programs (Medicare and Medicaid) and private health plans usually have legal rights to be repaid from any recovery you obtain for the injury that generated the […]
Read article →What to Do When Your Insurance Company Refuses to Update You or Threatens to Close Your Claim — West Virginia
What to do when your insurer stops communicating or threatens to close your claim Detailed Answer When an insurance company stops providing updates or threatens to close a claim, you should act quickly and methodically to protect your rights and preserve evidence. The guidance below explains practical steps you can take under West Virginia law, […]
Read article →Fixing a Mistake in a Signed Accident Affidavit in West Virginia: What to Do
What to do if you discover an error in a signed accident affidavit under West Virginia law Short answer If you discover an honest mistake in a signed accident affidavit in West Virginia, act quickly: do not alter the original document, notify the parties who received it (insurance company, law enforcement, or the court), and […]
Read article →How a Guardian ad Litem Is Appointed for a Minor’s Settlement in West Virginia
Appointment of a Guardian ad Litem for a Minor’s Settlement in West Virginia: FAQ Quick answer When parties propose a settlement on behalf of a minor in West Virginia, the circuit court typically must protect the child’s interests. The court often appoints a guardian ad litem (GAL) or requires court approval of the settlement. A […]
Read article →West Virginia: Accessing a Minor’s Settlement Funds Before Age 18
Can settlement money for a minor be used before they reach adulthood? A practical guide under West Virginia law Detailed Answer — how it works in West Virginia This answer explains how settlement money paid on behalf of a child is handled in West Virginia and whether any of that money can be used before […]
Read article →West Virginia: Ensuring a Wrongful Death Settlement Is Filed and Split Correctly
How to make sure a wrongful death settlement is filed and distributed correctly in West Virginia Short answer: Use a clear, written settlement agreement; have your attorney prepare and file a proposed order or consent judgment with the circuit court; identify and satisfy liens and attorney’s fees before distribution; and get a court-approved disbursement order […]
Read article →How Prior Accidents Affect Truck Diminished Value Claims in West Virginia
Understanding diminished value claims under West Virginia law Diminished value means the loss in a vehicle’s market value after it has been damaged and repaired. In West Virginia, owners who suffer vehicle damage can try to recover diminished value from the at-fault driver’s insurer (a third-party claim) or, in some situations, from their own insurer. […]
Read article →