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for West Virginia
Injury Victims


What to Do When HR Won’t Address a Workplace Harassment Issue

Published on Aug 14, 2019 at 3:15 pm in Employment Law.

Workplace harassment, a form of discrimination, is something to be taken seriously. It’s generally referred to as a pattern of behavior that causes an employee to feel uncomfortable in their workplace. So why doesn’t HR always take it as seriously as they should? In 2018, there were 26,699 cases of workplace harassment filed according to Equal Employment Opportunity Commission (EEOC). But just because cases are reported doesn’t mean HR properly handled them.

Who’s Responsible if a Child is Seriously Injured at a School?

Published on Aug 7, 2019 at 2:02 pm in Premises Liability.

Your child spends most of their day at school during the school year, and not in your care. You expect the school to keep your child safe, just as you would. But some teachers or administrators may act negligently when it comes to supervision, protection, or maintenance, even though they are supposed to be acting in place of parents, or “in loco parentis.” Certain cases of negligence fall under premises liability, and you may be able to sue a negligent party if they did not uphold the standards expected of them and the institution.

Announcing the Winner of Our Fall 2019 Scholarship

Published on Aug 1, 2019 at 11:56 am 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 degree. We decided to start a scholarship in 2018 that was specifically geared toward first-year college students. The Fall 2019 submission period 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 Caroline Kurdej of Schaumburg, IL!

Caroline is attending Northwestern University. She is pursuing her MS in Journalism.

Who’s Liable When Someone Is Seriously Injured on a Trampoline?

Published on Jul 31, 2019 at 1:58 pm in Premises Liability.

Trampolines are a fun and different way to be active. Adults may see it as a form of exercise and kids typically can’t wait to get on one and start jumping until they tire themselves out. While trampolines may seem like an enjoyable way to pass the time, there are considerable concerns when it comes to the types of injuries a trampoline can cause. It’s even more confusing when you’re wondering who is liable for the injury.

When is a Falling Accident Grounds for a Slip and Fall Claim?

Published on Jul 24, 2019 at 11:17 am in Premises Liability.

Over one million people visit the emergency room for slip and fall injuries every year. Plenty of environmental factors can lead to a falling accident. But some of those hazards could be avoided if a property owner was regularly checking and updating their property, whether it be residential, commercial, or government. Your falling accident could have been caused by a negligent property owner, which would fall under premises liability. But how do you know when you might have a potential claim? Here’s what you need to know about when you might have an eligible slip and fall claim:

The Challenges of Proving Loss of Earnings in a Personal Injury Lawsuit

Published on Jul 19, 2019 at 10:00 am in Personal Injury.

If you’ve been hurt in a personal injury accident and had to miss work to recover from your injuries, you can seek lost wages if you file a claim or lawsuit. Proving loss of earnings can be a challenge, but with the right legal team you’ll receive the compensation you need to recover as fully as possible.

You may be wondering what’s covered under lost wages. Your lawyer will be able to determine what you can seek based on your position and contract, but there are commonalities in regard to what’s typically included. Hourly wages are the most common. These are totaled by adding up the missed days and multiplying them by the hourly rate. If you regularly work overtime, that can be included as well. In addition to hourly wages and overtime, you may be eligible for compensation for bonuses, sick days, vacation days, perks, and tips.

What Can We Do to Prevent Accidents that Happen at Intersections?

Published on Jul 10, 2019 at 2:29 pm in Car Accidents.

Even though intersections are a common aspect of driving, many people do not handle them with the caution they should. Some intersections are simpler and only have yield or stop signs. Some are complex and have turning lanes, stoplights, or more than two roads. In fact, about half of all crashes occur at or around intersections. Most of these are side impact or T-bone collisions, which have a higher death rate than other crashes. Intersections are especially dangerous for cyclists and pedestrians, as a speeding car might not see them until the last second. No matter what, car accidents at intersections take a toll on all of those involved.

Privacy Rights You Need to Know as a Plaintiff in a Personal Injury Case

Published on Jul 3, 2019 at 4:24 pm in Personal Injury.

A personal injury lawsuit is just that—personal. As the victim, otherwise known as the plaintiff, you might be asked to present a lot of personal information when your attorney is putting together your claim. That could include W-2s, pay stubs, tax returns, insurance policies, benefits, medical records, driver’s license number, or even your social security number. But is all that really necessary? Let’s discuss what information is essential when filing a personal injury lawsuit and what you need to know regarding your privacy rights and options.

The Ultimate Guide to Summer Fun in Charleston

Published on Jun 28, 2019 at 2:01 pm in Fun Stuff.


Now that the kids are out of school and the weather is nice, it’s time to get out of the house and keep everyone entertained. There’s plenty of events going on in Charleston this summer that will be fun for the whole family. If you’re looking for something to do on a day off or something good to eat, we did the research for you. And if you’re tight on money this summer, we also found a bunch of festivals and concerts for none of the cost but all the excitement! Whether you’re a local or a tourist, this guide will help you find new things to do and places to visit.

What Can Happen When Whiplash is Left Untreated?

Published on Jun 26, 2019 at 1:55 pm in Car Accidents.

West Virginia’s rural roads cause a significant number of accidents due to mountainous terrain, winding roads, and poor maintenance by the state. Many car accidents in West Virginia as well as across the nation cause whiplash, an injury that affects 3 million people each year. A person gets whiplash during a collision when their head quickly whips from one direction to another. This causes the muscles, tendons, and ligaments in the neck to overstretch and hurt.

Adrenaline pumps through the body immediately following a car accident, and so any pain the victim should feel may be masked by the rush. A person might not even realize they have whiplash until hours or weeks after the accident.

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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