Realizing your aging loved one requires a level of care beyond what you can manage at home is a challenging moment. But it creates an opportunity for you and your family members to work together to identify a place that meets the needs and enhances the quality of life of someone you love.

However, knowing your relative needs a good nursing home and knowing how to pick the right nursing home are two different matters. There are dozens of long-term skilled nursing facilities in Kanawha County alone—and sometimes the specialized care your family member needs can’t be found in your immediate proximity.

A deposition is a vital part of what is known as the discovery process. Discovery is a formal investigation to learn more about the facts of a case. All named parties involved in a civil lawsuit have the right to conduct discovery.

Part of the investigation process is interviewing witnesses and officially obtaining their testimony. One way that is done is through a procedure called a deposition. You may have heard of depositions in both civil and criminal cases. But just how does the deposition process work in a civil lawsuit?

When a person is injured by the wrongful, reckless, or negligent actions of another person or entity, they may be entitled to financial compensation in a personal injury lawsuit. Many civil claims here in West Virginia center around the idea of gross negligence.

Since this concept is critical to the overall success of most personal injury cases, it is important to understand how gross negligence is defined in West Virginia.

Are you or a loved one planning to move into a nursing home here in Charleston or elsewhere in West Virginia? Or do you already have a loved one that lives in an assisted living facility like this?

If so, it’s a good idea to learn about West Virginia nursing home resident rights. Being over-prepared and educated in case of any incidents will ensure you’ll know what caregivers and the facility can and cannot do so that you or a loved one can advocate for your rights if an adverse situation occurs.

Commercial vehicle wrecks are some of the most destructive accidents on the road. Because of the size, weight, and configuration of large trucks like 18-wheelers, the consequences of a collision are usually catastrophic and often fatal. 

Particularly dangerous are rollover accidents. When a big rig driver loses control of the vehicle and tips over, passenger vehicle occupants caught in the devastation rarely survive. 

Countless patients in Charleston go and see a physician and receive a diagnosis, treatment for what ails them, or undergo a surgery without suffering any adverse consequences. However, a small handful end up experiencing unanticipated declines in their health or suffer an injury due to their doctor’s negligence.  

West Virginia law allows individuals harmed while under the care of a physician to pursue a medical malpractice claim or lawsuit to recover compensation for their losses. Our attorneys at DiPiero Simmons McGinley & Bastress, PLLC can help you determine if you’re eligible to file an insurance claim or a lawsuit yourself. You can also count on our lawyers to know how to build a strong case if you opt to take legal action here in Charleston. Below, we’ll discuss how to search for a doctor’s medical malpractice history as you build your case.  

When you are injured because of another person’s negligent, reckless, or wrongful actions, you may be owed compensation for the harm you suffered. Any money you receive from a car accident, truck accident, premises liability, or other type of personal injury claim is intended to compensate you for your damages. 

There are three main types of damages for which you may receive compensation in a personal injury case: economic, noneconomic, and punitive damages. Punitive damages are only awarded in rare cases, so most injury victims only ever need to worry about economic and noneconomic damages. 

Thousands of patients are injured in hospital falls every year in the United States. It’s estimated that up to a million people suffer fall accidents in a hospital setting annually. Clients too often come to us with the question: What happens if I fall in the hospital? The good news is that you can take legal action after hospital negligence causes serious injuries.

DiPiero Simmons McGinley & Bastress, PLLC is a personal injury law firm serving the people of Charleston and surrounding areas of West Virginia. If you or someone you love was injured in a hospital fall accident, we have the experience to guide you through the legal process of filing a claim. This can help you rightfully recover the financial compensation needed for medical bills and other expenses associated with your fall injury.

At DiPiero Simmons McGinley & Bastress, PLLC, we believe in participating in and attending local Charleston community events as often as we can. Communities hold power, and so do its people. This power can be used to lift others up who are in need of legal aid, necessities like food or shelter, or even the need to feel like they belong and that they are able to feel at ease. Community events inspire.

They can also be just plain fun. Today we’d like to share a fun story about Attorney J. Timothy DiPiero’s experience back in July 2022 at a local concert at the Charleston Sternwheel Regatta. He got to sing with the Four Tops!

Right-of-way is the statutory right granted to drivers that allows them to proceed ahead of others on the road. Anyone who has a valid driver’s license or learner’s permit should have learned about West Virginia right-of-way traffic laws at one point in time, but we understand that it can be difficult to recall this information after weeks, months, or even years have passed. 

The attorneys at DiPiero Simmons McGinley & Bastress, PLLC want everyone on the road to be as safe as possible. For this reason, we have created the following guide to right-of-way laws in West Virginia.