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Areas & Topics

January 2017 Archives

Premises liability is a source of many personal injury claims

Premises liability cases are a significant source of injury claims in West Virginia and other states. The liability of an owner of real property to one who is injured on the property is generally based on negligence principles. However, to obtain a personal injury recovery in such a claim, the injured person must show that the owner knew or reasonably should have known of the dangerous condition that caused the injury.

Estate planning is more powerful when started early in life

Estate planning in West Virginia and elsewhere is something that people should start to do in their youthful years. A young couple having their first child, a worker who is acquiring a variety of different assets and investments, and people in all endeavors for that matter, are naturals for early estate planning. Retirement and elderly living are also important to one's future and the ability to age gracefully and happily. These topics are all closely related when one considers how to engage in estate planning.

Personal injury claim filed by bicycle rider against Marietta

When a West Virginia city provides a bicycle and running path for its residents, it has a duty to keep it safe for users. That is the legal argument raised in a lawsuit brought by a bicyclist for personal injury damages allegedly caused by the city of Marietta's negligence. The suit claims that city workers ran an inflated water hose over the path without marking the spot or directing users away from the potential danger.

Car accidents in West Virginia are governed by negligence laws

West Virginia law regarding personal injury is generally like the laws of all other states. The basis of liability under the law pertaining to car accidents in all states is the principle of negligence. Where an operator of a vehicle is negligent in causing an accident and injuries to others, the wrongdoer is liable to pay damages to the injured or to the estate of a deceased individual, generally to the extent or percentage of fault attributed to that operator.  

Is your executor ready for estate-related duties?

Undertaking the role of executor to an estate is a considerable responsibility. Therefore, before you name an executor or allow an individual to accept the role, you may want to ensure that you and your candidate understand what executor duties they will likely need to carry out. This way, an individual may not feel caught off guard or overwhelmed by the responsibilities expected of him or her after your demise.

Estate planning is helpful in blended family situation

In West Virginia and other states, it is necessary to use estate planning to best prepare for distribution of one's estate in a "blended" family situation. If that is not done, the children of a prior marriage may not receive any assets, contrary to their parent's wishes. Where there are multiple beneficiaries from one or more prior marriages of the individual, estate planning is a necessity to ensure that one's preferences are honored at one's death.

Contact

Beckley Office
201 N. Kanawha St.
Beckley, WV 25801

Phone: 304-250-9532
Fax: 304-255-2189
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Charleston Office
300 Summers Street
Suite 1230
Charleston, WV 25301

Phone: 304-345-4611
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Lewisburg Office
106 N. Jefferson St.
Lewisburg, WV 24901

Phone: 304-992-9711
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