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How Do Insurers Handle a Soft Tissue Injury?

Published on Apr 16, 2020 at 2:35 pm in Car Accidents.

Person signing documents

After a car accident, you might have injuries that are either immediately apparent or develop later over time. Soft tissue injuries can fall into both of these categories and can cause minimal pain or severely impact your life. Even though these are valid injuries that affect your daily life, insurance companies sometimes downplay soft tissue injuries and might try to grant you less compensation for them.

How to Find Out About a Car Accident

Published on Apr 9, 2020 at 2:45 pm in Car Accidents.

Phone displaying GPS mounted on dashboard

As a driver, you know that accidents occur regularly on West Virginia’s roads. There are situations where you’ll benefit from knowing where a crash has happened and who has been injured. Fortunately, there are resources on how to find out about a car accident.

Mistakes to Avoid When Filing an Employment Law Claim

Published on Apr 2, 2020 at 1:40 pm in Employment Law.

Closeup of hands typing on laptop

When you’ve been injured on the job, or experienced a violation of labor law, you want to be as meticulous as possible when filing a workers’ compensation claim so that you have the best chance to win your case. Unfortunately, many injured workers make mistakes when filing employment law claims. Although it might seem like a complicated process to follow, it’s actually quite straight-forward when you look to employment law. Let’s look at the main mistakes to avoid when you’re filing an employment law claim.

How to Stop Instances of Verbal Abuse in Elder Care Facilities

Published on Mar 26, 2020 at 9:48 am in Nursing Home Abuse.

Person pushing elder in wheelchair

Abuse can come in many different forms, including physical, emotional, and financial. Some of those types of abuse can manifest as neglect, sexual abuse, pushing, and yelling. When you make the tough decision to place your loved one in a long-term care facility, you expect their new community to take care of them as if you would. Unfortunately, that’s not always the case, as all types of abuse happen in nursing homes. And staff members aren’t the only people in your loved one’s nursing home who might abuse them, as fellow residents can cause abuse as well.

According to the National Institute on Aging, verbal abuse is a form of emotional abuse, but it can be much more than just yelling at a person. Verbal abuse can be a staff member insulting, threatening, blaming, or patronizing a patient. According to a study, verbal abuse was the most common form of abuse in assisted living facilities, with 203 instances of humiliating remarks occurring for every 1,000 residents per year.

Nobody deserves to be treated poorly, especially not older Americans who need the help of a long term care facility to live more comfortably. Though verbal abuse might sound like the least harmful form of abuse, it’s just as bad because it negatively impacts the patient’s mental and emotional state.  A study funded by the National Institute on Aging found that verbal mistreatment can be associated with a decrease in physical and mental health and leads to a lower quality of life.

What Are the Fees for Using a Smartphone While Driving in West Virginia?

Published on Mar 19, 2020 at 12:16 pm in Car Accidents.

Person texting and driving

When drivers are behind the wheel, they need to have their full attention on the task at hand: driving safely. Remaining in control of their vehicle, traveling at a safe speed, keeping a safe distance from other vehicles, and anticipating the mistakes other drivers could make are all mental and physical efforts a driver has to make to reduce the chances of an accident. Smartphones are a major distraction to drivers and prevent them from making these efforts. Because of the devastating car accidents a distracted driver can cause, West Virginia has laws that are meant to prevent drivers from using their phones.

The Difference Between Wrongful Death and Manslaughter

Published on Mar 12, 2020 at 11:59 am in Wrongful Death.

Row of law books

If you’ve lost a loved one unexpectedly in a preventable manner, you know just how devastating the situation can be and how challenging it can be to move forward. When that happens, West Virginia law allows the surviving family members to come forward to seek compensation and justice for what happened with a wrongful death claim. However, the facts revolving around the death affect the type of claim that gets filed. Depending on the circumstances, it’s possible a manslaughter charge could be made. It’s important to understand the difference between the two, so you can give your family the best chance at a secure and stable future.

How Often Does First Responder Negligence Cause Injury?

Published on Mar 5, 2020 at 10:00 am in Medical Malpractice.

Ambulance in hospital garage

After an accident that causes an injury, whether minor or major, first responders will most likely come to the scene to either evaluate you or transfer you to a hospital for more care. You expect them to provide adequate care in the meantime, but sometimes the opposite happens. Emergency medical teams are sometimes understaffed, have a lot of people to tend to on the scene, or make the wrong decision during a crucial time, which can lead to negligence of some patients and cause injuries.

Obtaining Your Medical Records in West Virginia After a Car Accident

Published on Feb 20, 2020 at 2:28 pm in Car Accidents.

People going over documents

Immediately following an automobile crash, it’s imperative to seek medical attention as soon as possible. Not only will this ensure you receive necessary medical attention, but you’ll be maximizing your chances of recovering completely in addition to building the evidence your personal injury claim will need later.

While obtaining your medical records in West Virginia after a car accident isn’t particularly challenging, it’s important to understand your legal rights, how the process works, and how your records could be used in the event you file a car accident claim to seek compensation for your losses. Let’s start by taking a look at the laws pertaining to medical records in West Virginia.

When Is It Time to Remove a Loved One from a Nursing Home?

Published on Feb 13, 2020 at 10:20 am in Nursing Home Abuse.

Person holding senior's hand

It’s hard to make the decision to place a loved one into a nursing home. Even if you want to take care of them on your own, sometimes a facility has better resources available for your loved one in their old age. But it can be an even harder decision to remove them from the nursing home if it isn’t the right fit for their needs.

When a long term care facility is no longer working for your loved one, you should get in contact with an experienced lawyer from DiPiero Simmons McGinley & Bastress in Charleston. We can help you stand up for your loved one if they have been mistreated by the nursing home who was supposed to be taking care of them. Let’s take a look at some of the reasons you might need to remove your loved one from a nursing home.

Debunking the Myths About Deer Crossing Accidents

Published on Feb 6, 2020 at 1:08 pm in Car Accidents.

Deer in middle of street

Deer collisions happen every year. They often happen without warning and can cause a lot of damage. There is a lot of information about deer crossing out there, but some information that’s passed around may not be accurate. It’s important to have correct information so you can drive safely. The team at DiPiero Simmons McGinley & Bastress, LLC want all West Virginia citizens to be prepared for deer crossing season and how to safely navigate the roads and avoid collisions.

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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