Mr. Hunter is an experience personal injury, family law, and civil litigation trail attorney. He and his staff manage your case from beginning to end in order to maximize the results and provide a fresh start. They use technology and meticulous procedures so that you will not "fall between the cracks".
Over the past 33 years as an attorney in Buckhannon, West Virginia, I have handled more than 4,000 family law cases. I understand the legal, financial and emotional issues involved in cases involving divorce and family law.
Child Support
If you have lost your job or for some other reason cannot keep up with your child support payments, do not make an informal agreement with your child’s other parent. It will not hold up in court. Unless and until you file for a post-divorce modification, you will continue to owe the original amount of child support.
Child Custody and Visitation
In the past, child custody cases in West Virginia tended to result in winners and losers. One parent received primary custody of the child or children, while the other parent (usually the husband) ended up with visitation. About seven years ago, our state changed to “shared parenting,” so often there no longer has to be a winner and a loser.
Adoption
The most common type of adoption I do is the stepparent adoption. Stepparent adoption can help unite “blended families.” If you are seeking to adopt your spouse’s children from a prior marriage or relationship, I can help.
Paternity
I’ve been a family law attorney in Buckhannon for more than 32 years, and about a third of my practice has been dedicated to child custody and support issues. I handle these cases both as a part of divorce as well as in paternity actions where the parents were never married. I also serve as a child custody mediator for people who are represented by other lawyers.
Guardianship
Although approximately half of family law involves divorce, many cases do not. People often need to enforce court orders by contempt petitions or to come back to court seeking modifications of courts orders, to change child support or alimony, parenting time, or decision making, or to seek permission to move with the children to another state or prevent their former spouse from doing so. Unmarried parties can have parenting issues too, including biological paternity, whether or not a person has become a “psychological parent”, grandparents’ visitation and custody, guardianship, contested and uncontested adoption, and even a change of name. I am experienced in all these things.
Spousal Support
I often represent clients who start out representing themselves in a divorce action, but then they realized that they should have had a lawyer all along. As your attorney, I will guide you through all of the issues that arise in divorce, including alimony (called spousal maintenance in West Virginia) and division of marital assets and debts.
Child Abuse
What used to be called “custody” now has a broader term called “parenting”; the Family Court Rules require each parent to file a proposed parenting plan; sometimes, with or without attorneys, the parents submit an agreed parenting plan which the Court almost always approves. Surprises can await the unrepresented, since child support may be grossly different that the parties envisioned when they submitted their agreed plan. Most good parenting plans include full access to the child’s records and shared decision making on all major non-emergency decisions. Even where decision making is co-equal it is not unusual for one parent to take the lead, but they should do so with full consultation with the other parent. Of course, issues of child abuse, substance about or anger problems can mitigate against the parties being co-equal in decision making, and even whether both have full access to the child’s records.
Mediation is part of a subject known as “alternate dispute resolution”; you probably have heard of arbitration, especially in professional sports and labor disputes. Arbitration is something “big business” and “big insurance” try to foist on the public by requiring it in all sorts of “form contracts”. The goal often is to take away your right to a jury by your peers. But, from my experience, mediation does not have a “dark side” when properly done. It works great in family matters and personal injury and civil disputes. Criminal matters: not so. I prefer mediation where each party has a lawyer trained in mediation, where the mediator is experienced, and where “everything is on the table”. When that wonderful combination occurs, and when the people, no matter how much at odds, are committed to the process, there is a very high success rate. Mediation can settle a claim for money and it can result in a compromise parenting plan where the true winners are your children. I have a trained civil and family court mediator, and I have represented hundreds of people in successful mediation.
DUI/DWI
When a drunk driver is responsible for causing an auto accident, I can help you seek compensation for any accident-related expenses, as well as punitive damages.
Wrongful Death
Doctors live by the motto: First, do no harm. Yet doctors, nurses and other medical professionals do make mistakes. Sometimes those mistakes can result in serious injuries or even wrongful death.
Workers’ compensation provides a limited amount of compensation for people who are injured on the job. However, workers compensation doesn’t compensate you for everything you have lost. In West Virginia, you can file a personal injury lawsuit against your employer in cases of extreme negligence that results in injury or wrongful death.
I am J. Burton Hunter, III, a Buckhannon personal injury attorney with more than 30 years of experience.I represent injury victims in Buckhannon, West Virginia, and the surrounding area. I understand the trauma people go through after suffering a serious injury. I’m here to help you obtain the full amount of financial compensation you deserve.
Medical Malpractice
Medical malpractice is not always due to a doctor or nurse’s mistake. Sometimes hospitals or clinics fail to have proper policies in place to protect patient safety.
A “civil” suit is not necessarily a “polite” suit, any more than “civil war” is non violent. The DK Oxford Illustrated Dictionary defines “civil law” as the law pertaining to “personal rights” as opposed, for example, to “criminal law”, which is brought on behalf of the public, or “the state” by a public prosecutor, or “constitutional rights” as defined by our state or U.S. Constitution. Civil claims or suits include family court matters, but I refer to “civil suits” when I talk about contract disputes between persons or businesses, boundary line and right of way disputes, suits over wills and estates, and suits over alleged libel or slander. Of course, “civil claims” also include claims for personal injury and professional malpractice, which I cover under “contingent fees”. Civil suits as I define them are usually handled on an hourly basis with an “up front” cash retainer.