- GuardianshipIn the absence of a living will and advance directive for health care, your loved ones need another source of legal authority to act on your behalf. Under the law, this power can only come from a court through the guardianship process. The proceedings can be costly and time-consuming, both of which are a detriment as you await the essential health care services you need. Your living trust avoids the process by allowing your agent to seamlessly step into your shoes, and it provides directions and information about your intentions.
- Wrongful DeathA person must have legal “standing” before they can bring a lawsuit. Generally under wrongful death law, only the following relatives of the deceased individual can maintain standing...
- FraudSecurities litigation often involves investment fraud and class action lawsuits are not uncommon when a securities dispute arises. Securities litigation is extremely complex and it is essential that businesses work with a business lawyer.
- Corporate Law
- Business FormationSome business owners may worry about making a legal misstep, while others may not even consider the possibility. A Charleston business formation lawyer can help ensure these mistakes do not happen, and help owners form their business in a manner that is most optimal for them.
- Business DisputesBreach of contract claims arise when one party refuses to, or is unable to, perform their duties under the terms of a contract. Breach of contract disputes are one of the most common types of litigation and our attorneys take strong actions so these disputes are resolved quickly and cost-effectively for your business.
- Trade Secrets
- Unfair Competition
- Workers CompensationWorkers Compensation discrimination involving some type of negative treatment after an employee has been hurt on the job and has applied for or is receiving Workers’ Compensation benefits;
- Employment ContractContracts form the basis of so many business agreements. A business may enter into a contract to lease office space, create a contract with a vendor, and even offer certain workers employment contracts. Some contracts are very straightforward, while others are incredibly complex. A Charleston contract lawyer can work with business owners to ensure their contracts provide the necessary protection.
- Employment LitigationRomano & Associates has extensive experience representing workers in employment disputes arising from company practices. The law regarding relations between employer and employee is complex, often governed by both state and federal laws and regulations. You may have heard that West Virginia is an "at will" employee state. While true, the law does not give employers unchecked authority to treat employees however the employer may wish. There are numerous exceptions and limitations to the “at will” employee doctrine. Romano & Associates can help when the employer has crossed the line. We commonly see claims arise from the following areas...
- Non-compete AgreementHealthy competition is good for the marketplace, but sometimes people use deceitful marketing or they misappropriate trade secrets in order to gain an advantage over a certain business. Unfair competition disputes also arise when a former employee or other party violates a non-compete agreement.
- Sexual HarassmentSexual harassment involves improper behavior of a sexual nature within the workplace. The offensive behavior can be in the form of words, jokes, physical touching or simply the general nature of the workplace environment;
- Premises LiabilityThe law uses the term “premises liability” to refer to a property owner's responsibility when an invited guest is injured due to a safety hazard that the owner knew about (or should have known about) yet failed to correct. Perhaps the most common example of a premises liability claim is one arising from a slip-and-fall accident. This typically occurs in retail establishments when a customer slips on a puddle of liquid–usually a spill–and falls to the ground.
- Property DamageAccidents involving semi-trucks and tractor trailers often cause far more personal injury and property damage than collisions solely involving passenger vehicles. The reason for this is simple physics. The typical commercial semi-truck loaded with cargo can weigh upwards of 80,000 pounds, while a small passenger car can weigh as little as 3,000 pounds. This difference in weight means the passenger car is almost certain to take the brunt of any impact with a semi-truck.
- Personal InjuryAccidents happen everyday. Sometimes, there is nobody at-fault for what happened. But when an accident is the result of negligence or other wrongful conduct, the victim has the right under state law to seek compensation. A Charleston personal injury attorney can help you sue the responsible parties for monetary damages.
- Medical MalpracticeIn some medical malpractice cases, a jury may also be in a position to award punitive damages. This requires proof beyond mere negligence in providing medical care. Indeed, the plaintiff must show by “clear and convincing evidence” that the defendant engaged in oppression, malice, or fraud.
- Auto Accidents
- Estate PlanningMany individuals look forward to their later years, when they have fewer responsibilities after leaving the workforce and can dedicate more time to family, self-fulfillment, and life enrichment. However, there are also unique challenges individuals face as they approach what some term the “Third Age,” that span of time between retirement and the onset of age-related physical, emotional, and cognitive medical conditions. This period triggers numerous elder law issues and is often overlooked, even for those who have basic estate planning in place.
- WillsYour will is arguably the most important document in your estate plan, at least as it relates to your financial and legal matters at death. There are many basic objectives you can achieve through your will, and you can customize it through provisions that address more complex needs. A last will and testament contains your instructions and intentions with respect to...
- TrustsIf you are contemplating a living will, it is essential to understand the basic laws and legal concepts. Our team at Romano & Associates, PLLC can guide you through the process to ensure the arrangement conforms to your wishes about end-of-life medical issues. Please contact our firm to set up a consultation with a Charleston living trusts attorney who can advise you on the details under the law. You might also find it useful to review some basic legal information.
- Power of AttorneyThere is considerable confusion about the effect and function of living wills, and the term itself is responsible for some of the misunderstandings. Unlike a traditional will, a living will takes effect during your lifetime to address significant issues and answer some of the questions about health care when you are unable to provide input. Along with other powers of attorney and advance directives, a living will is one of the most important estate planning documents you can create.
- Probate
- Tax LawThe job requires high level tax preparation skills, superior tax research and problem solving abilities, broad software knowledge, and excellent written and oral communication skills. We have a team approach to provide high quality client service for tax compliance, planning, financial statements, and general business consulting.