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Should You Report Minor Car Accidents in West Virginia?

Published on Feb 3, 2023 at 5:42 pm in Car Accidents.

Should You Report Minor Car Accidents in West Virginia?

You become involved in a slow-speed fender-bender while sitting in a traffic jam, tap the bumper of a vehicle as you pull into or out of a parking space, or lightly graze a pedestrian or bicyclist as you navigate a turn. These are three examples of what may seem like relatively minor car accidents; however, despite appearances or perceptions about them, these collisions can have far more devastating consequences to property and persons than you imagine.

Many motorists are quick to classify their car accidents as minor ones. They do so because they want to avoid getting the police or their insurance company involved, seeking medical treatment, or losing access to their vehicle while it’s under repair.

How To Pick the Right Nursing Home

Published on Jan 27, 2023 at 5:48 pm in Nursing Home Abuse.

How To Pick the Right Nursing Home

Realizing your aging loved one requires a level of care beyond what you can manage at home is a challenging moment. But it creates an opportunity for you and your family members to work together to identify a place that meets the needs and enhances the quality of life of someone you love.

However, knowing your relative needs a good nursing home and knowing how to pick the right nursing home are two different matters. There are dozens of long-term skilled nursing facilities in Kanawha County alone—and sometimes the specialized care your family member needs can’t be found in your immediate proximity.

How Does the Deposition Process Work in a Civil Lawsuit?

Published on Jan 6, 2023 at 5:58 pm in Personal Injury.

How Does the Deposition Process Work in a Civil Lawsuit?

A deposition is a vital part of what is known as the discovery process. Discovery is a formal investigation to learn more about the facts of a case. All named parties involved in a civil lawsuit have the right to conduct discovery.

Part of the investigation process is interviewing witnesses and officially obtaining their testimony. One way that is done is through a procedure called a deposition. You may have heard of depositions in both civil and criminal cases. But just how does the deposition process work in a civil lawsuit?

How Is Gross Negligence Defined in West Virginia?

Published on Dec 9, 2022 at 5:39 pm in Personal Injury.

How Is Gross Negligence Defined in West Virginia?

When a person is injured by the wrongful, reckless, or negligent actions of another person or entity, they may be entitled to financial compensation in a personal injury lawsuit. Many civil claims here in West Virginia center around the idea of gross negligence.

Since this concept is critical to the overall success of most personal injury cases, it is important to understand how gross negligence is defined in West Virginia.

West Virginia Nursing Home Resident Rights

Published on Dec 2, 2022 at 5:30 pm in Nursing Home Abuse.

West Virginia Nursing Home Resident Rights

Are you or a loved one planning to move into a nursing home here in Charleston or elsewhere in West Virginia? Or do you already have a loved one that lives in an assisted living facility like this?

If so, it’s a good idea to learn about West Virginia nursing home resident rights. Being over-prepared and educated in case of any incidents will ensure you’ll know what caregivers and the facility can and cannot do so that you or a loved one can advocate for your rights if an adverse situation occurs.

West Virginia Right-of-Way Traffic Laws

Published on Oct 14, 2022 at 2:40 pm in Car Accidents.

pedestrian

Right-of-way is the statutory right granted to drivers that allows them to proceed ahead of others on the road. Anyone who has a valid driver’s license or learner’s permit should have learned about West Virginia right-of-way traffic laws at one point in time, but we understand that it can be difficult to recall this information after weeks, months, or even years have passed. 

The attorneys at DiPiero Simmons McGinley & Bastress, PLLC want everyone on the road to be as safe as possible. For this reason, we have created the following guide to right-of-way laws in West Virginia. 

What Are the Laws Regarding Video Cameras in Nursing Homes?

Published on Sep 30, 2022 at 3:17 pm in Nursing Home Abuse.

nursing home cameras

The law office of DiPiero Simmons McGinley & Bastress, PLLC in Charleston, WV explores the laws regarding video cameras in nursing homes and how they affect cases of nursing home abuse or neglect. 

After learning more about care facility security camera regulations, please reach out to our office with any questions concerning your own case of nursing home abuse or neglect. We provide free case evaluations to empower families to make the best decisions for the care of an aging loved one.  

What Is Medical Informed Consent?

Published on Sep 23, 2022 at 3:35 pm in Medical Malpractice.

If you’ve ever undergone medical treatment or a surgical procedure, you should have been “consented” before either. Doctors and other medical providers must perform an informed consent before administering any treatment or performing an operation, with very few exceptions. Their failure to secure your medical informed consent could result in your physician facing a medical malpractice lawsuit if they failed to take this step.

How To Get a Copy of an Accident Report in West Virginia

Published on Sep 23, 2022 at 3:03 pm in Car Accidents.

Being involved in a car accident is a physically, financially, and emotionally traumatizing event. Depending on the severity of your crash, you may be left with thousands of dollars in auto repairs and a seemingly unending stream of medical bills. If you are unable to work after your car accident, making a full recovery might seem out of reach.

Common Challenges in Work Discrimination Claims

Published on Sep 9, 2022 at 1:34 pm in Employment Law.

workplace discrimination

Over 61,000 claims of employment discrimination were filed last year at the federal level. Although many hope that workplace discrimination is a thing of the past, the ugly truth is that it is a major concern for thousands of Americans in the workforce today.

The employment law attorneys of DiPiero Simmons McGinley & Bastress, PLLC provide some insight on the most common challenges in work discrimination claims. Work discrimination claims can be complicated, and it’s highly advisable to work with an experienced lawyer when filing your claim.