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Why Are Medical Malpractice Claims Considered Civil Cases?

Published on Sep 20, 2018 at 1:29 pm in Medical Malpractice.

If you or a loved one have been injured while under the care of a healthcare professional, you may have grounds for a medical malpractice case. While medical errors happen for a variety of reasons, there is never an excuse.

If you find yourself seeking legal guidance after a medical malpractice event, it’s likely you’ll realize just how complex these cases can be. At DiPiero Simmons McGinley & Bastress, PLLC, we’ll make these complicated legal matters easy to understand. Let’s start by going over the why most medical malpractice claims are considered civil cases.

How Common Are Dog Bite Claims in West Virginia?

Published on Aug 15, 2018 at 12:18 pm in Personal Injury.

While we normally think of our dogs as loyal companions always ready for tummy rubs and treats, there are unfortunate instances where they can become aggressive. While getting bit by a dog is always a dangerous and scary event, children and the elderly are at risk for even more injuries. In the event you or someone you love is bitten by a dog, it’s important to know the laws surrounding the issue and your rights.

The American Veterinary Medical Association reports that more than 4.5 million dog bites happen in the United States each year. Nearly one million of those bites end up requiring medical attention for severe lacerations bruising, and concerns of rabies, capnocytophaga bacteria, Pasteurella, MRSA, and tetanus. Individuals often need antibiotics, stitches, rabies shots, or even plastic surgery. Of those 4.5 million bites, approximately 2,500 occur in West Virginia.

5 Symptoms of Shock After Being in an Accident

Published on Aug 8, 2018 at 12:56 pm in Car Accidents.


After a car accident, you’ll most likely be assessed by an on-scene medical response team before heading to the hospital. You or your loved ones may be worried about head trauma, broken bones, or other lacerations and bruising. While those injuries are definitely causes for concern, not every severe injury is visible.

If you’re in a traumatic accident, there’s a chance your body will go into shock if it isn’t getting enough blood flow. Shock can manifest in emotional and physical types. Emotional shock is often linked to the type of physical shock you are experiencing.

While there are five different types of shock, three of them are associated with car accidents. Cardiogenic shock happens when your heart is damaged to the point it cannot supply a sufficient amount of blood to your body. Hypovolemic shock happens when you experience severe fluid or blood loss, which renders you heart unable to pump enough blood throughout your body. Neurogenic shock is caused by damage to your nervous system.

Common Back Injuries After a Car Accident

Published on Jul 5, 2018 at 1:24 pm in Car Accidents.

Recovery from your car accident injuries can be a long and difficult process, especially if the accident was traumatic. Back injuries, in particular, often require extensive and expensive medical treatment. A knowledgeable West Virginia car accident injury lawyer may be able to help you seek a financial award for your damages.

The human spine is delicate and complex. It is not meant to withstand the force of a car collision, which is why so many individuals in car accidents end up with back pain and injuries. The type of back injuries varies depending on the severity of the car accident and the age and health of the victim.  Here you’ll find a list of the most common back injuries experiences after a car accident and how they’re treated.

Tim DiPiero and Lonnie Simmons Honored with Awards

Published on Jul 3, 2018 at 6:09 pm in In the News.

At DiPiero Simmons McGinley & Bastress, PLLC, we’re proud of what we can accomplish for both our clients as well as for our local legal community. So far in 2018, our trial lawyers have been honored with multiple awards in various West Virginia organizations.

During the June 2018 60th Annual Conference and Seminar, J. Timothy DiPiero was honored with the Stanley E. Preiser West Virginia Association for Justice Member of the Year Award.

This award was given to Tim not only based upon his years of providing excellent representation to clients in civil and criminal matters, but in particular based upon his efforts to take positive actions to improve his community and to help others in need. This award is the highest award given out by the West Virginia Association for Justice.

Can a Smartphone Detect When a Crash Happens?

Published on May 23, 2018 at 3:25 pm in Car Accidents.

Car crashes can cause severe injuries that require medical attention as soon as possible. If an injured victim doesn’t receive the care they need in a reasonable time frame, there’s a chance those injuries could worsen and cause long-term issues or the person could lose their life.

This makes communication with first responders essential to surviving a serious car crash. Nearly everyone carries their cell phone with them and there are now apps that will contact medics in the event of a car crash.

If you or a loved one has been hurt in a car crash, you may be worrying about affording medical bills and missing work. With the help of a West Virginia car accident injury lawyer from DiPiero Simmons McGinley & Bastress, PLLC, you can get compensation that will provide financial support for your future.

Basic Guide to Wrongful Death Claims in West Virginia

Published on May 2, 2018 at 1:16 pm in Wrongful Death.

Unexpectedly losing a loved one is a terrible and traumatic experience. When someone’s negligence caused this loss, you would want that person to be held accountable. Filing a wrongful death claim can be difficult to do on your own. While you may want to get the matter over with as soon as possible, this could mean you’re not exploring all your options. Settling early could end with an unfavorable settlement.

A skilled lawyer can make the difference in your case. The attorneys at DiPiero Simmons McGinley & Bastress, PLLC can help you with your claim. We understand how hard this situation is and we will do all we can to get your loved one the justice they deserve. An experienced, compassionate, and hardworking lawyer will fight for your rights and do everything to get you the compensation you need.

DiPiero Simmons McGinley & Bastress, PLLC has proudly represented the citizens of West Virginia for years and we’re eager to continue to stand up for this community and will use all our resources available to help your claim. You don’t have to worry about harassing calls from insurance adjusters trying to make you settle early—we’ll take care of that, too.

10 Road Trip Tips for Families with Young Children

Published on Apr 18, 2018 at 12:02 pm in Fun Stuff.

Spending a long time in a car can be exhausting for anybody, but it is especially difficult for families with young children. Crying babies, bored toddlers, extended pit stops, and limited mobility can make everyone in the car feel like the drive will never end. DiPiero Simmons McGinley & Bastress, PLLC wants every family to reach their summer vacation destination safely and as peacefully as possible.  Here are ten tips you can use to help make car travel a happy and safe experience for your family:

Think “Safety First”. Pack plenty of water and a first aid kit. Basic car safety equipment, such as properly installed car seats, a flashlight, and jumper cables, is important to have in case you experience car trouble.

The Most Dangerous Interstates in West Virginia

Published on Apr 11, 2018 at 12:28 pm in Car Accidents.

Interstates make traveling easier. There’s a steady flow of traffic and people can get where they need to go in a timely manner. However, interstates have an accident risk because so many people use them. It only takes one moment of negligence from a driver to cause a potentially fatal accident.

If you’ve been injured in a car accident, your injuries may be keeping you from work, giving you chronic pain, and causing emotional stress. You don’t have to go through this alone. Get in touch with a West Virginia car accident lawyer from DiPiero Simmons McGinley & Bastress, PLLC so you can start your path to recovery.

$1.4 Million Settlement Awarded to Family After Teen’s Death

Published on Mar 2, 2018 at 3:15 pm in Wrongful Death.

On May 24, 2014, 15-year-old Leland Brown II passed away when emergency personnel from Kanawha County, West Virginia took an hour to get the teenager to the hospital from his family’s home in St. Albans after his mother called 911. Leland collapsed in front of his mother, and she made the call immediately. By the time the response team made it to the family home and transported Leland to the hospital, it was too late.

He was pronounced dead after arriving at the hospital. The cause of death was determined to be cardiac arrest. According to the Kanawha Ambulance Authority and Kanawha Metro 911, the first delay of 19 minutes—the time it took the ambulance to get to the teen’s home—was a result of a funeral that was held the same day for a former ambulance authority board member. The county’s ambulance units were rotated to attend the funeral services, but one of the rotations was improperly performed.