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Injury Victims


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.

Who’s at Fault After a Fatal Rollover Accident?

Published on Nov 18, 2022 at 3:35 pm in Car Accidents.

rollover accident

Commercial vehicle wrecks are some of the most destructive accidents on the road. Because of the size, weight, and configuration of large trucks like 18-wheelers, the consequences of a collision are usually catastrophic and often fatal. 

Particularly dangerous are rollover accidents. When a big rig driver loses control of the vehicle and tips over, passenger vehicle occupants caught in the devastation rarely survive. 

How To Search for a Doctor’s Medical Malpractice History

Published on Nov 11, 2022 at 2:29 pm in Medical Malpractice.

shocking research

Countless patients in Charleston go and see a physician and receive a diagnosis, treatment for what ails them, or undergo a surgery without suffering any adverse consequences. However, a small handful end up experiencing unanticipated declines in their health or suffer an injury due to their doctor’s negligence.  

West Virginia law allows individuals harmed while under the care of a physician to pursue a medical malpractice claim or lawsuit to recover compensation for their losses. Our attorneys at DiPiero Simmons McGinley & Bastress, PLLC can help you determine if you’re eligible to file an insurance claim or a lawsuit yourself. You can also count on our lawyers to know how to build a strong case if you opt to take legal action here in Charleston. Below, we’ll discuss how to search for a doctor’s medical malpractice history as you build your case.  

The Difference Between Economic and Noneconomic Damages

Published on Nov 11, 2022 at 2:22 pm in Personal Injury.

calculating damages

When you are injured because of another person’s negligent, reckless, or wrongful actions, you may be owed compensation for the harm you suffered. Any money you receive from a car accident, truck accident, premises liability, or other type of personal injury claim is intended to compensate you for your damages. 

There are three main types of damages for which you may receive compensation in a personal injury case: economic, noneconomic, and punitive damages. Punitive damages are only awarded in rare cases, so most injury victims only ever need to worry about economic and noneconomic damages. 

What Happens if I Fall in the Hospital?

Published on Oct 28, 2022 at 3:55 pm in Premises Liability.

What Happens if I Fall in the Hospital?

Thousands of patients are injured in hospital falls every year in the United States. It’s estimated that up to a million people suffer fall accidents in a hospital setting annually. Clients too often come to us with the question: What happens if I fall in the hospital? The good news is that you can take legal action after hospital negligence causes serious injuries.

DiPiero Simmons McGinley & Bastress, PLLC is a personal injury law firm serving the people of Charleston and surrounding areas of West Virginia. If you or someone you love was injured in a hospital fall accident, we have the experience to guide you through the legal process of filing a claim. This can help you rightfully recover the financial compensation needed for medical bills and other expenses associated with your fall injury.

Attorney J. Timothy DiPiero Sings With the Four Tops!

Published on Oct 28, 2022 at 3:47 pm in Fun Stuff.

At DiPiero Simmons McGinley & Bastress, PLLC, we believe in participating in and attending local Charleston community events as often as we can. Communities hold power, and so do its people. This power can be used to lift others up who are in need of legal aid, necessities like food or shelter, or even the need to feel like they belong and that they are able to feel at ease. Community events inspire.

They can also be just plain fun. Today we’d like to share a fun story about Attorney J. Timothy DiPiero’s experience back in July 2022 at a local concert at the Charleston Sternwheel Regatta. He got to sing with the Four Tops!

West Virginia Right-of-Way Traffic Laws

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


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. 

How Distracted Driving Affects a Car Accident Claim

Published on Oct 7, 2022 at 5:04 pm in Car Accidents.

How Distracted Driving Affects a Car Accident Claim

A car accident can change your life in the blink of an eye. If you’re lucky, you walk away with just some minor scrapes and bruises. But what if your Charleston collision is more serious? What if you end up with a concussion or even worse? And what if someone else’s negligence caused the accident?

If that happens, then West Virginia law may allow you to file a car accident claim and get compensated for your injuries by the other motorist’s insurance company. Your claim’s success may depend on whether the other driver was distracted when your Charleston crash occurred. So what exactly constitutes distracted driving, and how can it impact your car accident claim in our state? Read on to find out.

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.  

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.
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