Most of us expect items we purchase off store shelves to be safe to use. It goes through many eyes and hands before it makes it into yours. There’s the designer, the manufacturer, the marketer, the buyer from the store who chooses that item for the retailer’s shelves, and others on the supply chain that should acknowledge problems with a product before it hits store shelves and gets in the hands of consumers.

Sadly, no matter how many levels of quality assurance checks products go through, problems seem to arise, endangering consumers’ lives. There’s not just one type of defect that ends up with the filing of product liability claims in West Virginia, but instead, multiple ones. Read on to learn more about the defects in product liability claims so that if you’ve had the misfortune of becoming hurt, you’ll have a better idea if you may have a valid reason to take legal action.

There isn’t always one person who is at fault in a T-bone car accident. But because T-bone accidents are often caused by traffic violations, this type of motor vehicle accident can be more clear-cut than other types.

More often than not, a T-bone car accident is caused by a person who runs the red light, misses the stop sign, drives drunk, or crashes into the side of another car while looking at their cell phone. Essentially, most T-bones happen when one driver is negligent and fails to yield the right of way to another.

You may have been following the rules of the road when you suddenly found yourself being T-boned by another vehicle. If that’s the case, you may have grounds to file a car accident claim with the at-fault driver’s insurance company. But before any legal action can be taken to recover compensation for medical bills, property damage, and other losses, you need to be able to conclusively answer the question: Who is at fault in the T-bone car accident?

Whether you travel by foot to the bus stop, take your dog on an evening stroll, or regularly walk between businesses, chances are that you use a public sidewalk on a regular basis. Many publicly-owned sidewalks in West Virginia are well-maintained and safe, but there are also many stretches of public sidewalks that are cracked, buckled, bulging, or built at angles that pose a threat to pedestrians.

If you’ve been injured while walking, you may be wondering who is liable for a slip and fall on a public sidewalk in West Virginia. Holding local governments and municipalities responsible for their negligent or wrongful actions can be a challenge, and it is not always clear when they may actually hold any responsibility for a fall and resulting injuries.

No family wants to reach the point where they feel compelled to move their loved one into a nursing home, but many Charleston residents find themselves in a place where they feel like they have no other option but to do so.

Just like any other tenant, nursing home residents themselves, or their power of attorney, must sign a contract before moving in. There is often a unique clause outlined in the terms and conditions of that assisted living facility contractual agreement, which is an arbitration one.

Generally, nursing home arbitration agreements would, in essence, be a signing away of your or your resident loved one’s right to pursue civil litigation against the nursing home if a situation necessitated you doing so. Below, we discuss some of the reasons this is a bad thing and let you know what options you may have if you feel the need to take legal action but are already entangled in a legal agreement like this.

Flirting. Telling off-color jokes. Showing favoritism. It’s often a fine line when it comes to what’s acceptable in a professional setting and what’s not.

There are many forms of workplace sexual harassment, and some are much more obvious than others. Below, we’ll discuss how sexual harassment and discrimination often manifest in an occupational setting.

If you have experienced inappropriate sexual conduct, sex-based discrimination, or sexual violence in the workplace, please contact DiPiero Simmons McGinley & Bastress, PLLC to discuss your case in further detail. We provide free and confidential consultations to help survivors of workplace sexual harassment exercise their legal rights and take control of their futures.

Although the terms “negligence” and “malpractice” are often used interchangeably, they both carry different meanings with different legal implications. An act of negligence may not result in any real or lasting harm, whereas malpractice denotes the idea that harm has been inflicted.

So what is the difference between negligence and malpractice? In this blog, we’ll strive to clarify the meanings of both these legal concepts and their role in medical malpractice cases. If you have any additional questions or concerns about this topic or how it applies to your current legal matter, we encourage you to contact our Charleston, WV law office for a free consultation.

You go to work in Charleston, do a good job, and mind your business. Yet, you get hurt in a workplace accident, get discriminated against, sexually harassed, get fired for no reason, don’t get paid, or otherwise get the proverbial short end of the stick. These realities that West Virginia employees face daily motivate some workers to file employment law claims.

Unfortunately, as is the case with almost every type of civil claim, the burden generally falls on the plaintiff, the party that alleges wrongdoing occurred, to prove liability for their injuries or the harm they suffered. Doing so often takes work. Employment law claims are instead often wrought with various obstacles that must be navigated. Read on as we share some of the more common challenges in an employment law claim that plaintiffs must overcome to achieve a successful outcome in their cases.

Knowing how to negotiate with an insurance claims adjuster isn’t a life skill most people need on a daily basis. But when you’re suddenly faced with the task, you realize how important—and frustrating—it can be.

Below, we offer experience-based tips on how to successfully negotiate a settlement with an insurance company. If you’re going into the process for the first time, however, keep in mind that you are dealing with experts trained in negotiation tactics. Insurance claims adjusters can be ruthless, and they aren’t always honest.

If you were seriously injured in a personal injury accident, becoming a skilled negotiator overnight might be the last thing on your to-do list. That’s why many people turn to the trusted advocacy of a personal injury law firm like DiPiero Simmons McGinley & Bastress, PLLC. We use our experience to make sure our clients are never taken advantage of by the aggressive negotiators representing the big insurance companies.

When we seek treatment for an illness, disease, or injury, we expect the medical professionals who care for us to provide honest and forthright information about our conditions and treatment options. When we are met with anything less, it can be confusing and even potentially dangerous. Does it mean that doctors can legally lie to patients and that we are simply left to sort out fact from fiction on our own? Not quite.

The legality of being dishonest with medical patients is a precarious matter. It is important for doctors and patients alike to build a strong foundation of honest and open communication regarding all medical matters. When a doctor fails to uphold their part in this process and lies to a patient, it could cause irreversible harm that follows them for a lifetime.

You become involved in a slow-speed fender-bender while sitting in a traffic jam, tap the bumper of a vehicle as you pull into or out of a parking space, or lightly graze a pedestrian or bicyclist as you navigate a turn. These are three examples of what may seem like relatively minor car accidents; however, despite appearances or perceptions about them, these collisions can have far more devastating consequences to property and persons than you imagine.

Many motorists are quick to classify their car accidents as minor ones. They do so because they want to avoid getting the police or their insurance company involved, seeking medical treatment, or losing access to their vehicle while it’s under repair.