William S. Winfrey, II Attorney

William S. Winfrey, II Attorney William S. WInfrey, II has been providing legal services to individuals and small businesses in Mercer County and Southern West Virginia for 36 years.

I've been fortunate to represent clients in the fields of Personal Injury including auto accidents, Social Security Disability, wills and estates, real estate transactions commercial and residential, divorce and custody issues, small business formation, Federal and state criminal law and public utility work since 1980. I practice from Princeton, but I represent clients in Mercer, McDowell, Monroe,

Summers, Greenbrier, Fayette, Wyoming, Nicholas and other counties throughout West Virginia. I hope on this page you can find out information from time to time that may answer general legal questions.

02/25/2025

I have as a trustee under trust deeds commercial property foreclosures in Princeton and Summers County.

Serious inquiries only to [email protected]. Some of the properties are not inexpensive.

01/10/2025

Today I settled a case for my oldest client.

My client was 92 years old 3 years ago when she was crossing in front of the Kroger in Princeton behind her son, pushing a shopping cart of groceries. Her son went ahead and stopped traffic. She followed. The driver of a pickup with state minimum insurance let her son go, then pulled out, hit the shopping cart which spun my client around knocking her down and breaking her hip. We were about to prove the driver was looking at his cellphone when we settled for $500.00 less than the policy limits to get the case over.

She went first to West Virginia's most famous TV lawyers who promptly had her sign a 6 page retainer agreement, then after looking at the case unceremoniously wrote her a letter dropping it. When I read the letter, the words "no case is too small" were ringing in my ears.

Took a year and a half of time to work it out. She's now 95 and in failing health. She saw it resolved.

When I took the case I decided she could win or lose, but she represented many of the reasons I became a lawyer and came home away from time sheets and elevator office buildings - it's called people. My time expended on an hourly rate exceeds what my fee will be, but I helped this senior citizen when she needed help.

I've read the parable about being faithful in little. I'll do truck accidents (the TV lawyers call it serious personal injury) just like those guys with their name splashed all over media. The reason they claim expertise there is that those cases involve usually a lot of damages and a lot of insurance.

Come see me with your accident claims. You'll talk to me, my contingency fee will be less and you'll have a more personal experience. I just don't have my name all over scoreboards and television.

01/06/2025

We are closed January 6. Everyone please be safe

01/05/2024

If you own a West Virginia business that is a limited liability company or a corporation, please pay attention.

There is a new Federal requirement of registering the Beneficial Owner Information (BOI) with the Department of Treasury's Financial Crimes Division. If your business is registered with the West Virginia Secretary of State on or before December 31, 2023, you have until December 31, 2024, to register. If you form a new business entity in 2024, you have 90 days to register the BOI information. After 2024, any new business will have 30 days to register. Failure to register may involve penalties. I'm still researching that information.

Of the 23 exceptions listed to registration, only accounting (not law) firms are exempt from entities I've formed for clients.

If you have questions on what to do or if I can help you, email me at [email protected].

06/07/2023

Personal injury, insurance companies and lawyers.

It happened yet again. A client came to me who was injured by a clear at-fault driver with what seemed like a pretty solid offer from Progressive Insurance. After consulting with the client and spouse, I was hired. I assured them that the client would have a positive result if I was hired.

After working the case for about 2 weeks, my client ended up with 50% more in the client's pocket plus her attorney gets his fee. The Client is better off leaving than coming in, which is always my goal. Occasionally I can't accomplish that goal, but I can most of the time.

Television lawyers would have taken the initial offer and charged 40%. Again, my clients are generally better off than with the TV lawyers.

08/23/2022

Electric Bicycles in West Virginia

Electric Bicycles do not require a license. The difference between a Class 1 electric bicycle and a Class 3 electric bicycle is that the Class 1 does not have a speedometer and the motor has to disengage when the bicycle reaches 20 miles per hour, while a Class 3 has a speedometer and can reach 28 miles per hour before the motor must disengage. The Class 1 electric bicycle may be operated anywhere a bicycle may be operated, while the Class 3 is restricted to where only motorized vehicles may travel. Someone under 16 may not operate a Class 3 bicycle. No electric bike can exceed 750 watts, or one mechanical/brake horsepower.

Driving under the influence applies to electric bicycles. It takes no license to operate an electric bike, but all the applicable laws of driving apply, including DUI. You cannot be charged with driving while revoked, but you can go to jail for DUI.

Filing for Social Security Disability:I receive calls daily about filing for Social Security Disability and Supplemental...
07/29/2022

Filing for Social Security Disability:

I receive calls daily about filing for Social Security Disability and Supplemental Security Insurance.

The difference is based on eligibility to receive Disability Insurance versus SSI. To receive Disability insurance, you must have a certain number of quarters of earnings, based on your age, and must have worked within a certain period of time before you file. SSI may be available to you if you have disability but do not have enough wage history to file, but SSI is also based on your home financial situation. You can get Disability Insurance regardless of your spouse's income or your savings and assets. SSI has limitations on all those amounts.

Filing is the same. You can either call the Social Security Office for an appointment to go file or you can file online. You do not need a lawyer to file. You'll need to have all your doctors, hospitals and health care provider names, addresses and dates of last service. You'll describe your past employment for the last 15 years.

Disability is not based on your doctor's statement you're disabled. Oh no. Social Security has regulations that define, both in listings and in related regulation, what constitutes a disability. Social Security wil look at medical records to see what is your diagnosis and how the diagnosis affects your daily living and your residual functioning capacity. Different people with the same diagnoses may have different conclusions on disability eligibility.

Your disability has to continue for at least 12 months, which means you have to be off work for 12 months as a result of the disability you claim to be practically eligible.

Once you file, you may be turned down. Then, you request a reconsideration. Some clients hire me at this stage. It's not necessary. If you're then turned down on reconsideration, it's critical to hire an attorney to assist you with developing your medical record file for Social Security, for the more records that demonstrate your disability, the better.

Every attorney charge the same fee - 25% of your back benefits if you win, up to a maximum cap set by law. You cannot be charged an evaluation fee for your case. You MAY be charged for the cost of obtaining medical records if there is a cost.

If you have questions about a Social Security claim, contact me by email at [email protected] or call the office at 304-487-1887.

08/04/2021

The greatest compliment clients pay me is to come back.

And when I see legal activity from them with someone else, I wonder why, especially when they left the prior time with a good result on good terms.

So, we've seen a few of these cases, mostly in real estate, and have asked the former clients if they'd share the problem. It turns out there was no problem; rather, there is a real estate agent who has an axe to grind with me over an matter completely unrelated to the practice of law telling them that I couldn't get their work done for them. It's small town politics gone rogue. Mind you, no one called me to ask my assistants - two highly motivated and capable assistants - or me. They were discouraged and told a lie. As an aside, we nudge prior clients up the list a bit because we are so grateful for the confidence of return work.

So, if anyone, anyone tells you I can't get something done for you, call 304 487-1887 and ask Tanya in real estate, Sharon in general law or me. You'll find out we will tell you the truth. Every time. All the time. And we will serve our clients' needs and get your work done when you need it done, or we will refer you to someone who can with the same integrity we offer.

01/22/2021

Real estate and title exams:

A lot of prospective buyers call us and ask whether they need to pay the fee for a title exam when they know the seller.

First, a title exam for house runs in a fee around $600.00 to $700.00. commercial transactions are different.

Today, I did a title on a property that's selling for about $100,000.00. The Seller acquired the property from his friend and casual business associate; they were together working on the house and the friend bought it in his name in 2016. The friend decided he didn't want to be in the project anymore and did a deed to the Seller last summer. Seller put it on the market to sell to recover the $80,000.00 he used out of his equity on his house to fund the project - that was in the other guy's name.

Well, when I did the title, I found a $150,000.00 judgment against the friend that attached to a house with no other lien on it. This means that the Seller's equity in the house goes to the creditor of the judgment. And he gets to pay off the $80,000.00, and I suspect sue the friend whose judgment will be partially satisfied. All of which could have been avoided in the very beginning with a lawyer's help.

Get a title exam. Period. You have no idea what may be out there, friend or family.

04/08/2020

This is a repeat from another time, but it is worthy of a repeat.

You're hearing commercials from auto insurers about "only pay for what you need!" It's deceiving.

One litigation story. I'm in the process of settling, and it will settle, an auto accident where my client was injured, airlifted, endured multiple surgeries and has medical bills of almost $200,000.00. The at-fault driver has $100,000.00 in coverage. My client has at least $25,000.00 in underinsured motorist coverage. That's still $125,000.00 for a case worth much more than twice the coverage.

In West Virginia, your auto insurance agent must offer you expanded uninsured motorist coverage and must offer underinsured motorist coverage. It's cheap. These two coverages cover YOU if someone with no insurance or way too little coverage injures you. You can buy it up to the limits of liability you carry to cover you if you injure someone else. In short, you NEED underinsured coverage up to what you carry in liability limits, and you should increase your mandated minimum coverages for uninsured coverage as well.

Yes, pay for what you NEED. Underinsured motorist coverage and uninsured motorist coverages.

Ben Franklin talked about being pennywise and pound foolish. Here's the best example I can give you.

03/16/2020

We are open. The West Virginia Supreme Court of Appeals has the court system operating. We will continue to work until told to close.

You may make and keep appointments. We may be able to consult by phone or by email. Call the office with your questions. As we learned as children, if you feel bad or have even a cold, the telephone is a marvelous invention.

06/05/2019

"Rent to own real estate contracts."

DO NOT SIGN TO BUY A "RENT-TO-OWN" REAL ESTATE PURCHASE AGREEMENT UNTIL YOU CONSULT A LAWYER WHO DOES REAL ESTATE WORK.

I capitalize for a reason. Your money is at risk.

I see these handwritten or off the internet contracts monthly, sometimes weekly. They are usually full of sound and fury and signify almost nothing. Poorly written with lots of gaps, they invite litigation.

What's worse, though, is a situation I've seen many times. Buyer signs an agreement, faithfully pays the payments for 5-10 years, then comes up with the remaining money and wants a deed. The buyer comes to see me when the seller drags feet. I get hired to go do a title examination and find judgments or a trust deed that affect the property that usually greatly exceed the remaining money owed. One case had the buyers paying over $40,000.00 toward a house that the remaining $5,000.00 wouldn't touch the $18,000.00 in judgments against the Seller.

Consult a lawyer. The money you pay will be some of the best insurance you can have to avoid a real heartbreaking situation down the road.

For this or any other question you have, I'd be pleased to serve you.

Address

1608 West Main Street
Princeton, WV
24740

Opening Hours

Monday 8:30am - 4:30pm
Tuesday 8:30am - 4:30pm
Wednesday 8:30am - 4:30pm
Thursday 8:30am - 4:30pm
Friday 8:30am - 4:30pm

Telephone

+13044871887

Website

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