Experienced and Knowledgeable Attorneys Answer Frequently Asked Questions Regarding Personal Injury and other Topics of Law in West Virginia.
The Katz, Kantor, Stonestreet & Buckner law firm has been representing clients for over 80 years in many areas of law. Below are answers to some of the questions we have encountered most frequently in our years helping people in Southern West Virginia with multiple legal matters. If you find you need a legal professional, we are your lawyers, ready to represent you in many areas of law. Contact us today.
Q. What do I do if I am involved in a traffic accident?
A.There are a handful of things to do and not do that are very important when you are involved in an accident.
- Call the police.
- Get the other driver’s information, including driver’s license number, insurance company policy information, make & model of vehicle and license plate number.
- Never leave the scene of an accident until instructed to do so.
- Take photos and notes about what happened.
- Notify your insurance company and report the accident to the West Virginia DMV.
- Don’t give any recorded statements regarding the accident. Your wording can be very important. Contact an experienced attorney to ensure that you get the compensation you deserve.
Q. What is marital property and what difference does it make in a divorce?
A. Marital property is any property you receive while you are married. This means any real property (like land), possessions, and income. Marital property can also include an interest in a business that was formed or contributed to during a marriage. Some property is considered separate property even if it was acquired while you were married: for example, an inheritance or a gift received by one spouse. When a marriage ends in divorce, the court will need to divide the belongings of the spouses. The court will only divide the marital property, meaning that each spouse keeps their separate property in the event of a divorce.
Q. My insurance company keeps saying that a part of my bill is not covered, but I think it should be. Am I stuck paying the bill myself?
A. No. Insurance companies can be deceptive in how they operate even though they have a legal duty to operate honestly. Sometimes insurance companies will deny a portion of a bill improperly with the hope that the customer will not fight it. They do this to maximize their profits. Insurance companies can also be tricky in how they word their policies. For example, they may require particular wording in a medical chart before they will cover particular aspects of a medical bill. If your claim should have been paid by the insurance company and they are not operating honestly, you can dispute the denial. It can take multiple attempts to dispute a denial of an insurance claim, and insurance companies will delay paying you as long as they can.
Wills, Trusts, & Estates
Q. What is a death tax?
A. The so-called “death tax” is not a tax that you have to pay simply for dying. The “death tax” is a term used to refer to estate taxes to make them sound scary. The truth is that under the current laws, the majority of people will not be affected by estate taxes. When someone dies they leave behind an estate. The estate is all the belongings and assets that belonged to the deceased person. The estate submits a tax filing. In 2015, an estate would only have to pay taxes if it was worth $5.43 million or more for a single individual or possibly $10.86 million if the person was married. If an estate is worth the taxable amount, there are methods that can be used in an estate plan that work within the tax laws to reduce or eliminate the estate’s tax liability.