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Steps for Reporting a Road Hazard in West Virginia

Published on Jul 29, 2025 at 4:19 pm in Car Accidents.

Steps for Reporting a Road Hazard in West VirginiaAlmost every driver in West Virginia may have faced this situation. You are cruising down a mountain road or weaving through a small West Virginia town when suddenly, you are jolted by a pothole, have to swerve around debris, or slam on the brakes for a downed tree limb.

Road hazards do more than damage vehicles or cause car accidents; they put lives at risk. So, what to do if you see a road hazard in West Virginia?

Your report could help prevent a crash or injury. Here are the steps for reporting a road hazard in West Virginia.

Step 1: Make Sure You Are Safe

Before you even think about reporting the issue, take care of yourself. If you are driving and spot something dangerous, like a washed-out shoulder, don’t slam on the brakes or swerve suddenly. That can be just as dangerous.

If it is safe, pull over and turn on your hazard lights. Take a deep breath and assess the situation. If someone’s hurt or the hazard has caused an accident, it is fine to call 911 right away.

What Can Be Defined as a ‘Serious’ Injury?

Published on Jul 22, 2025 at 3:57 pm in Personal Injury.

The term “serious injury” gets used a lot in legal claims, insurance paperwork, and even casual conversations.

But what does it actually mean?

The definition can shift depending on the context, and it plays a significant role in everything from truck accident lawsuits to liability reports and insurance payouts. Knowing what constitutes a serious injury not only clarifies your rights but also influences how an injury is treated under the law and within the healthcare system.

Which Healthcare Workers Can Be Responsible for Malpractice?

Published on Jul 15, 2025 at 3:54 pm in Medical Malpractice.

When something goes wrong with your medical care, your first instinct is to hold someone responsible. For many, that means taking steps to start a medical malpractice claim.

While many people immediately think of doctors when they hear the term “medical malpractice,” there are other professionals who can make mistakes that lead to serious harm.

Which healthcare workers can be responsible for malpractice? Whether you were given the wrong medication, misdiagnosed, or injured during a procedure, that responsibility does not stop with your physician. Let’s find out who can be held liable in these instances.

Lonnie Simmons Presented with the 2025 Stanley E. Preiser Member of the Year Award

Published on Jul 15, 2025 at 3:47 pm in News.

DiPiero Simmons McGinley & Bastress, PLLC, is proud to announce that Lonnie Simmons has been presented with the 2025 Stanley E. Preiser Member of the Year Award.

This award is presented annually and is named in honor of Stanley Preiser, who founded the West Virginia Association for Justice (WVAJ) in 1959. In 2018, Tim DiPiero was also presented with this prestigious award.

The WVAJ represents nearly 500 attorneys who practice in West Virginia and surrounding states. They are committed to providing West Virginians with quality legal representation, and that has been the guiding principle of Lonnie Simmons’ illustrious legal career.

Throughout his career, Mr. Simmons has been dedicated to finding justice for his clients, including many who were the victims of police misconduct and civil rights violations.

Robert Bastress Named in Forbes Best-in-State Lawyers List for 2025

Published on Jul 15, 2025 at 3:37 pm in News.

How do you find the right lawyer for you? That was the question posed by Forbes Magazine as they put together the inaugural list of America’s Best-In-State Lawyers. Forbes examined the attorneys through a rigorous and multi-stage research process that led to evaluating thousands of candidates.

The team at DiPiero Simmons McGinley & Bastress is proud to announce that one of our dedicated partners, Robert Bastress, was recognized by Forbes as a representative of exceptional legal counsel.

The editors at Forbes cited the formula lawyers apply for building a strong practice: “Build trust with clients. Prove reliability with colleagues. Gain respect and credibility from arbiters. Keep learning. Do great work.”

Robert Bastress embraces and excels in all of those qualities.

The Most Dangerous Dog Breeds

Published on Jul 8, 2025 at 4:08 pm in Dog Bite.

You never expect to get bitten by a dog. You might have been out for your usual evening walk in your West Virginia neighborhood, passing a yard you’ve walked by a hundred times. In many cases, the dog did not look dangerous; it was just curious and even friendly. But in a flash, it lunged.

And now you’re left with a dog bite, maybe stitches, and a story you never wanted to tell. It’s the kind of experience that sticks with you. The physical pain might fade, but the questions don’t.

West Virginia law says dog owners are responsible when their animals bite someone who did nothing wrong.

But many people do not realize how often severe bites come from breeds we see daily: in parks, on sidewalks, and behind chain-link fences. Some breeds are more dangerous than others.

Here are some of the world’s most dangerous dog breeds, what makes them risky, and why breed alone does not tell the whole story about a serious dog bite.

Who Can File a Wrongful Death Claim?

Published on Jul 1, 2025 at 4:28 pm in Wrongful Death.

 

Whenever someone you care about passes away, you go through a certain amount of denial as part of the grieving process. There are many deaths that are expected.

However, there are just as many others that come as a complete shock. When the circumstances around a person’s death can be attributed to someone’s negligence, it isn’t just a loss but also a potentially actionable offense.

As you are grieving the loss of a loved one, the last thing you want to deal with is a complex wrongful death claim that involves gathering evidence, filling out documents, and going through a negotiation process. However, filing a wrongful death claim is more than just about getting compensation.

It is about finding a measure of justice and holding those who caused the harm to your family accountable.

At DiPiero Simmons McGinley & Bastress, PLLC, we understand how difficult it is for a family to go through this type of claims process. We also understand the importance of finding a resolution that will help that family move forward. We are a team of experienced Charleston wrongful death attorneys who can take up the burden of filing the claim and pursuing a remedy that can provide a measure of peace.

As you enter this process, it is essential to understand who can file a wrongful death claim, as dictated by West Virginia law.

Do You Need a Lawyer to Apply for Disability Benefits?

Published on Jul 1, 2025 at 4:23 pm in Work Injury.

If you are applying for Social Security Disability benefits, you probably already have a lot on your plate.

You might be dealing with health issues, struggling to pay bills, and unsure of your future. The last thing you want is to get buried in paperwork only to be denied the help you desperately need. That’s the scenario for many people who apply for disability benefits.

Do you need a lawyer to apply for disability? No, you are not required to have one. But legal advice can make the process easier, less stressful, and often more successful.

Here is why it might be worth bringing an attorney on board for your claim.

What If a Doctor Doesn’t Warn About the Risks of a Medication?

Published on Jun 24, 2025 at 5:22 pm in Medical Malpractice.

When you go to a doctor, you trust them to look out for your best interests. You trust they will prescribe the proper medication, explain what to expect, and keep you safe.

But what should you do when that does not happen? What if you were given medication and not told about serious risks? In turn, those risks ultimately harmed you or someone you love.

If this happened to you, you might feel angry, confused, and maybe betrayed. You may also be wondering if you have legal options.

What if a doctor doesn’t warn about the risks of a medication? If this failure leads to injury, it can be considered medical malpractice. And yes, you may have grounds to file a lawsuit.

Who Is Liable When Bad Weather Causes an Accident?

Published on Jun 24, 2025 at 5:14 pm in Car Accidents.

When storms roll in, the roads become more dangerous. Rain, snow, fog, ice, and even high winds can all increase the risk of car accidents. But when the weather is clearly to blame, it raises a tricky legal question: who is responsible?

While bad weather may set the stage for a car accident, the driver’s decisions and the condition of their vehicle still play a crucial role. Liability in these situations often hinges on how each party responded to the conditions surrounding them.