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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.

5 Telltale Signs that Wrongful Termination Happened

Published on Feb 22, 2018 at 12:48 pm in Employment Law.

Losing a job is a scary prospect for nearly everyone. You’re worrying about your source of income, finding a new job, and the time it’s going to take to have everything settled again. There are some situations where you may understand why you lost your job, but this isn’t always true. You may wonder what led to your termination, and if it was a legal termination.

If you’re thinking your employer fired you illegally in West Virginia, a Charleston wrongful termination lawyer from DiPiero Simmons McGinley & Bastress, PLLC may be able to help. We understand this situation is difficult and want to make your voice heard. Employers cannot wrongfully terminate their employees and not be held accountable for their actions.

Drug Companies Send Large Opioid Shipments to West Virginia Towns

Published on Feb 14, 2018 at 1:58 pm in Opioid Litigation.

West Virginia has faced the brunt of the opioid epidemic with 261 tri-county overdoses in 2016, and the highest overdose rate in the nation. You may wonder why this particular state was struggling the most with opioid addiction and overdose problems. Recently, a congressional committee found that drug companies have shipped 20.8 million prescription painkillers to two pharmacies to a town in West Virginia with 2,900 people over the past ten years. The pharmacies are a mere four blocks apart.

Williamson in Mingo County received the mass amounts of hydrocodone and oxycodone, far exceeding the amount of people living there and the shipments were never flagged or scrutinized by the drug companies. The House Energy and Commerce Committee is looking at this shipment and past ones to see how many pills were coming in to West Virginia over the past decade. They’re also looking for any correlation to how drug companies may have played a role in the current opioid epidemic.

West Virginia Opioid Settlement Funds Used for Treatment Beds

Published on Jan 31, 2018 at 2:40 pm in Opioid Litigation.

Recently, nine West Virginia drug treatment programs were set to get $20.8 million that will go to additional treatment beds. State lawmakers set aside this money from lawsuit settlements that stated drug companies influenced the opioid epidemic.

Places receiving funding include Living Free Ohio Valley, Mountaineer Behavioral Health, St. Joseph Recovery Center, Westbrook Health Services, Valley HealthCare System, West Virginia University Research Corp., Marshall University Physicians and Surgeons, WestCare West Virginia, and Southern West Virginia Treatment Through Recovery Continuum.

What is the Most Dangerous Prescription Opioid Drug?

Published on Jan 24, 2018 at 2:53 pm in Product Liability.

Since the rise of people taking prescribed opioids, addiction has increased in the U.S. In 2012, it was estimated that 2.1 million people in the country abuse opioids. West Virginia is one of the states the epidemic has hit the hardest.

The opioid epidemic continues to hurt Americans through addiction and overdoses. Drug manufacturing companies are facing scrutiny about withholding information about how opioids work and how easy it is for people to become addicted. As more people are questioning drug companies and thinking they could have provided more information that could have prevented addictions and overdoses, more legal options are opening up and becoming available. If your health has suffered due to a prescription opioid dependence you feel could have been prevented, our Charleston opioid litigation lawyers may be able to help.

The Challenges of Preventing Elder Abuse in West Virginia

Published on Nov 3, 2017 at 12:00 pm in Nursing Home Abuse.

When you send your loved one to a nursing home, you want them to have a life where they’ll receive good care that promotes a better well-being. Good homes have attentive and skilled staff, a clean environment, and plenty of activities to keep your loved one engaged mentally, physically, and emotionally.

Sometimes, a nursing home isn’t the place it’s supposed to be. When nursing homes are understaffed, there might not be enough people to care for your loved one. This can lead to abuse because your loved one might try to do something without assistance.

Is the Opioid Crisis Causing More Car Accidents in West Virginia?

Published on Oct 30, 2017 at 12:00 pm in Personal Injury.

The country is facing a serious opioid epidemic, and West Virginia is suffering the most. These drugs include heroin, oxycodone, codeine and morphine. West Virginia had the highest overdose death rate in the nation at 880 people. Anyone can get addicted to opioids, but West Virginia is losing a disproportionate amount of people, especially young ones.

Funeral directors report normally seeing two to three bodies a day, or usually about seven bodies in one week. They’re saddened at the amount of young people coming through their doors.

As opioid addiction is on the rise, so is the amount of people driving under the influence. Car accidents are sudden and take a huge emotional and physical toll on everyone involved. If you’ve lost a loved one in a car accident where opioids were involved, you have a right to seek legal action.