Proudly Fighting
for West Virginia
Injury Victims


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.

What to Do After a West Virginia Hit-and-Run Accident

Published on Nov 1, 2017 at 12:00 pm in Car Accidents.

Car accidents can be jarring and terrifying experiences, and leave everyone shaken up. If they don’t result in dangerous injuries, the people can usually exchange information and start working toward moving past the accident.

But this isn’t always the case. Sometimes, one party flees the scene to try and get away from the responsibility and repercussions.

When you see the car speeding away, you might wonder how you could ever resolve this issue. Leaving the scene of an accident is a crime. You did the right thing by staying put.

You’re supposed to pull over if you can and give the other person your insurance information. What are you supposed to do when the other person leaves?

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.

Guns Are Now Prohibited in Some Charleston Community Centers

Published on Oct 27, 2017 at 12:00 pm in In the News.

In September 2017, Judge James Stucky of the Kanawha County Circuit Court ruled that people cannot carry firearms in municipal recreation centers in Charleston. The judge came to this conclusion because legally, the centers are school facilities.

Sean McGinley, a lawyer at DiPiero Simmons McGinley & Bastress, PLLC, argued that the municipal centers are school facilities because they hold school events, such as athletics.

Judge Stucky said that guns are permanently banned from the municipal centers, not just during the times when the school is using the centers.

If a school doesn’t have a lease for a specific municipal recreation center, then people who have a license to conceal and carry can bring their weapon to the center. The weapon must be secure and inaccessible to others. The court also deliberated about the parameters that make a firearm secure.

Our Firm Successfully Fights for Increased Retirement Benefits for All Veterans Employed By the State

Published on Apr 25, 2017 at 2:54 pm in Veterans.

In an effort to attract well qualified, disciplined, and hardworking employees, the Legislature offers to veterans of the United States military up to five years of military service credit toward their retirement as an incentive for them to work for the State. Unfortunately, for many years, the West Virginia Consolidated Public Retirement Board denied such worthy veterans the military service credits mandated by statute. In particular, veterans who are State employees and who honorably served in the United States military between July 1, 1973, and September 10, 2001, were routinely denied military service credits for service provided during this time period.

The law firm of DiTrapano, Barrett, DiPiero, McGinley & Simmons, PLLC was approached by six different veterans who were wrongfully denied these well-earned military service credits. After several years of litigation, our law firm was able to persuade the West Virginia Supreme Court that the Board was wrong and had failed to follow the clear language of the statute. West Virginia Consolidated Public Retirement Board v. Wood, 233 W.Va. 222, 757 S.E.2d 752 (2014). As a result, all of the veterans represented by our law firm received the military service credits to which they were entitled.

Best Lawyers in America List Includes Several of Our Lawyers

Published on Aug 29, 2016 at 2:42 pm in In the News.

Best Lawyers® is the longest-standing organization that rates, reviews, and recognizes people in legal careers, such as attorneys, paralegals, associates, and so on. It is with much pride and excitement that our team at DiPiero Simmons McGinley & Bastress, PLLC is able to announce that several of our attorneys have been included to the Best Lawyers in America list.

The following lawyers have been selected to be Best Lawyers® in Charleston:

  • Sean P. McGinley: Commercial litigation; personal injury litigation (plaintiffs)
  • J. Timothy DiPiero: Criminal defense (general practice); criminal defense (white collar); personal injury litigation (plaintiffs)
  • Joshua I. Barrett: Litigation (environmental); personal injury litigation (plaintiffs)
  • Lonnie C. Simmons: Litigation (labor and employment)

High School Student Brings Lawsuit Against Bus Driver

Published on Oct 20, 2015 at 2:25 pm in In the News, Personal Injury.

Fayette County school bus driver Rick Malay and the Fayette County Board of Education are being sued by a high school student. Lisa (name has been altered for her privacy) alleges that she was repeatedly sexually harassed by Mr. Malay while riding the bus to and from school. The incidents began with inappropriate comments and ogling.

When Lisa reported the problem to her principal, she was actually forced to apologize to Malay, who claimed she began making disrespectful comments first. The situation only got worse from there, and eventually Lisa felt pressured to meet with Malay in private, where the alleged sexual conduct took place. Fearful of repercussions and humiliation, Lisa kept to herself while the harassment continued.

Injured Woman Files Lawsuit Against Tractor Supply

Published on May 6, 2015 at 2:23 pm in Personal Injury.

A woman who claims she was injured in a Tractor Supply store is currently suing the company for their part in the accident. The manager of the store where the incident occurred is also named as a defendant in the suit.

The woman was attempting to get a container of dog food from one of the store shelves when both of her feet became trapped in an empty pallet that was concealed under some cardboard. She fell over and severely injured her neck, back, knees, and feet as a result.

How to File a Lawsuit

Published on Apr 27, 2015 at 2:22 pm in Personal Injury.

Filing a lawsuit has many legal advantages, mainly granting you the ability to seek financial compensation for another’s wrongdoing. But the process of actually filing a lawsuit isn’t as simple as saying you want to sue someone. Depending on the circumstances of your situation, the process could be short or lengthy, straightforward or complicated, but there are always a few steps you should always keep in mind when filing for a lawsuit. We’ve outlined them below:

1.) Legal standing: You can’t just sue anyone for any reason – you need to have a valid reason, such as suffering a personal injury. And just because someone has done you wrong, that doesn’t necessarily mean you can sue them. A professional attorney can help you first determine if you have the legal standing to sue someone.

2.) Check statutes of limitations: Once you determine that you have valid reasons to sue someone, you need to figure out if you can. Every lawsuit is subject to a statute of limitations – an expiring timeframe when action can be taken place – depending on the reasons behind the case. Again, seek the help of an experienced lawyer if you need help understanding legal statutes.

3.) Collect and fill forms: Commonly, you’ll need to create a cover sheet and a summary of your complaints, as well as obtaining an official summons. Certain cases, however, may require more forms from your county clerk’s office and an attorney can assist you in determining if you have them all or not.

Recent Disasters Reveal Needed Changes in Coal Industry

Published on Jan 16, 2015 at 2:20 pm in Big Branch, Elk River.

The coal industry has had a significant impact on the lives, families, and communities of West Virginia. Working in the coal mines is routine and commonplace for residents, so when disaster strikes, all are deeply affected. From the 2010 Big Branch Explosion to the 2014 Elk River chemical disaster, West Virginian’s know that mining accidents can strike at any time.

What does the Elk River chemical spill mean for the coal industry?

On January 9, 2014, the West Virginia Department of Environmental Protection received numerous complaints concerning something in the air that was affecting the local community. A few hours later, it was determined that the Freedom Industries Charleston Plant on the Elk River was leaking 4-methylcyclohexane methanol (MCHM), a chemical used to purify coal before it is burned. The leak was in a tank that had not been inspected since 1991, and 10,000 gallons of MCHM had leaked into the Elk River and into the water treatment plant.

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.
© 2022 DiPiero Simmons McGinley & Bastress, PLLC | All Rights Reserved. Privacy Policy. Legal InSites - Law Firm Digital Marketing