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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 Does Emotional Abuse Present in Nursing Home Residents?

Published on Sep 12, 2018 at 1:57 pm in Nursing Home Abuse.

When your loved one is being abused in their nursing home, you want to take action immediately. The first step is moving them to a safe place to live. Then you can start to fight for their rights. A skilled West Virginia nursing home abuse lawyer from DiPiero Simmons McGinley & Bastress, PLLC will help you get justice for your loved one.

The lawyers at DiPiero Simmons McGinley & Bastress, PLLC have represented West Virginia citizens for years and always do everything possible to have successful cases. We know the emotional trauma of realizing your loved one was abused is a heavy weight to bear. We can help you get financial compensation for the pain and suffering they’ve experienced. Bringing their case forward may also inspire change within the nursing home so no other resident will be at risk of abuse in the future.

What’s the Average Recovery Time After a Car Accident?

Published on Sep 6, 2018 at 1:56 pm in Car Accidents.

Every year, thousands of individuals in West Virginia find themselves dealing with car accident injuries. The physical and mental trauma the body goes through after such an event can take longer to heal than we’d like. It’s also likely to cost more than we’re prepared for.

At DiPiero Simmons McGinley & Bastress, PLLC, our West Virginia car accident lawyers are prepared to help you obtain the compensation you deserve to pay for your medical expenses, lost wages, and pain and suffering. We’re also here to support you as you recover. Let’s take a look at the injuries you may be experiencing, as well as what you can expect regarding recovery time.

Common Car Accident Injuries

Depending on the circumstances of the collision and the severity of the impact, an auto accident can result in a variety of injuries. Head-on crashes typically result in injuries to the head, beck, chest, legs, and feet. Side-impact-related injuries include damage to the head, chest, abdomen, and pelvis. Rear-end collisions often affect the head and neck. Below you’ll find a list of the most common injuries associated with car accidents.

Back and Spinal Cord Injuries. Back injuries include herniated discs and spinal fractures. Severe back injuries often require surgery and physical therapy. In the event the spinal cord is damaged, the victim may face issues with paralysis and the loss of sensation or movement.

Broken Bones. Depending on the type of accident, victims are susceptible to broken arms, legs, and ribs. This type of injury is often incredibly painful, may require surgery, and can take a long time to heal.

Why Do Train Derailments Happen?

Published on Aug 29, 2018 at 1:10 pm in Personal Injury.

Thousands of train accidents occur each year in the United States. According to the Rail Safety Statistics Report, train accidents are caused by non-rail grade crossing collisions, rail grade crossing collisions, derailments, fires, and other miscellaneous events. Keep reading to learn the specifics of train derailments and why they happen.

From 2007-2013, the Federal Railroad Administration collected and evaluated train accident statistics. While train derailments fell near the bottom of the list for reasons why train accident happen, their impact is still significant. Approximately 61 derailments happen every year. Between 2007 and 2013, 114 people were injuries as a result of a train derailment. No deaths were reported.

What Are the Requirements to File a Car Accident Claim in West Virginia?

Published on Aug 22, 2018 at 2:33 pm in Car Accidents.

In 2016, 250 fatal crashes happened in West Virginia resulting in the unnecessary deaths of 269 individuals. In the event you or a loved one is injured in a car accident due to the negligence of another driver, you’ll want to file a car accident claim with your insurance. This claim will be the first step towards seeking compensation for your medical bills, lost wages, and other expenses associated with the accident.

The claim process can feel overwhelming, especially when you should be focused on your recovery. Our knowledgeable West Virginia car accident lawyers at DiPiero Simmons McGinley & Bastress, PLLC are prepared to guide you through the process and represent you in the event your claim goes to trial. Prior to any of that, it’s important to understand how filing a car accident claim works.

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.

Announcing the Winner of DiPiero Simmons McGinley & Bastress, PLLC’s Fall 2018 Scholarship

Published on Aug 7, 2018 at 6:34 pm in News.

At DiPiero Simmons McGinley & Bastress, PLLC, we pride ourselves on doing what we can to boost our local and nationwide communities. As part of that dedication, we understand the importance of education and how crucial it is for aspiring students and professionals to receive a college education. We decided to start a scholarship in 2018 that was specifically geared toward first-year college students. Our first period for the scholarship– Fall 2018– just came to a close.

We were humbled by the amount of applications we received as well as the overall quality of every essay. The essays were fantastic and we enjoyed reading them! We’d like to thank everyone who applied.

We’re pleased to announce we’ve chosen a winner.

Congratulations to Zoe Terner of Lake Worth, Florida!

Zoe will be attending George Washington University’s Columbian College of Arts and Sciences in Fall 2018. She’ll be pursuing studies in History and Political Science.

What Is a Contingency Fee and How Does It Work?

Published on Aug 2, 2018 at 8:29 am in Legal Information.

Regardless of the type of lawsuit you’re filing, you may be worrying about how you’ll pay for reliable and knowledgeable legal representation. An attorney-client relationship should be built on trust. Financial hardship has the potential to get in the way of this if you feel you can’t afford the lawyer you want. That’s why contingency fees exist. They allow clients to obtain representation with no out of pocket money. Before you agree to a contingency fee, it’s important to understand how they work. The West Virginia personal injury lawyers at DiPiero Simmons McGinley & Bastress, PLLC want you to have all the information you need.

Why is Mixing Other Drugs with Opioids Dangerous?

Published on Jul 24, 2018 at 2:34 pm in Opioid Litigation.

Before taking any kind of prescription medications, it’s important to understand what it will do to your body, and how it might interact with any other medications you’re on. This is especially true when you are taking opioids. While your doctor may prescribe you multiple medications, it’s always best to verify how they will interact to avoid any danger or unplanned hospital visits.

Opioid Definition

In order to understand the consequences of mixing drugs with opioids, you first have to understand what an opioid is.

According to the National Institute on Drug Abuse, opioids are a class of drug derived from the opium in poppy plants. Prescription opioids can be made from the plant directly; however, scientists can recreate the chemical structure in a lab setting.

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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