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Injury Victims


Tips for Prioritizing Safety When Driving Long Distances at Night

Published on Nov 15, 2019 at 7:28 pm in Car Accidents.

Most people don’t prefer to drive in the dark, especially for long distances, but sometimes it’s unavoidable. When that’s the case, it’s best to take as many precautions as possible since it can be a dangerous time to drive. Road fatalities triple during the night, according to research by the National Highway Traffic Safety Administration (NHTSA).

In West Virginia, you’re not only at risk of hitting an animal, but you might also come across a drunk driver. That same research from NHTSA presents that drunk driving is the leading cause of fatalities in nighttime crashes in West Virginia, but speeding doesn’t follow too far behind. On top of that, the National Sleep Foundation ran a study where 3% of drivers admitted to falling asleep behind the wheel.

Your Legal Options When a Natural Remedy/Alternative Medicine Causes Harm

Published on Nov 6, 2019 at 10:42 am in Product Liability.

Shelves full of natural ingredients

Wellness is a term becoming more prevalent in our society. People are looking for ways to give themselves the best care possible. This is an excellent goal to have, but sometimes when people don’t have all the information, it can lead to taking substances that end up harming them. There are many unknowns when it comes to natural remedies as they’re not prescribed by doctors. If you’ve been taking natural remedies and have sustained injuries or illness, you should explore your legal options.

Product liability is an area of personal injury law for when defective products harm the people who use them. The natural remedy you’ve taken may have caused injuries and the company that was involved with that remedy may have known about the dangers of the substance or made a mistake when making and selling it. In any case, it’s worth taking a look into. The lawyers at DiPiero Simmons McGinley & Bastress, PLLC will review the validity of your claim. If we believe you have a case, we can start fighting for you.

How Do You Know When You’re Too Tired to Drive?

Published on Oct 31, 2019 at 10:46 am in Car Accidents.

Closeup of two hands on steering wheel

In 2015, a 20-year old woman had just finished an overnight shift at a clothing store and was driving home when her drowsiness took over. She had only slept 3 of the last 36 hours, which caused her to crash into another car, killing the other driver. The 20-year old received up to two years in prison, and her license was suspended for three years.

She knew she shouldn’t have been driving because she was exhausted, and her actions had severe consequences. This accident shows that driving while tired is just as dangerous as drunk driving because your reaction time is delayed, and you have trouble focusing on what you’re doing.

Each year, there are about 37,000 car crashes caused by drowsy driving that result in injury, and just under 1,000 that are fatal, according to the National Highway Traffic Safety Administration (NHTSA). The NHTSA goes on to say that most drowsy driving crashes occur between midnight and 6 in the morning, and usually are single vehicle crashes with just a driver. So how do you know when you’re too tired to drive?

When Would I Need to Have a Lawyer Look Over My Employment Contract?

Published on Oct 23, 2019 at 1:43 pm in Employment Law.

Person signing contract

Beginning a new phase in your career is an exciting time. But prior to your first day, your signature is needed on a number of documents. Arguably the most important is your employment contract. While the document could be a simple page laid out in an easily digestible way, other contracts are lengthy and intimidating.

Contracts are often filled with vague and confusing legal terminology. Before signing anything, it’s beneficial to have a lawyer look over your employment contract. This way, you’ll have a comprehensive understanding of what you’re agreeing to and, if necessary, you’ll be able to tactfully negotiate terms.

The Difference Between Proximate and Actual Cause in a Personal Injury Case

Published on Oct 16, 2019 at 3:26 pm in Personal Injury.

Understanding the legal concepts surrounding a personal injury case can be overwhelming without the right legal counsel. Fortunately, the lawyers at DiPiero Simmons McGinley & Bastress, PLLC have years of experience in a wide array of personal injury cases. Whether you were injured in an automobile accident, on someone’s property, or by a doctor, we can examine your situation and help you determine how to proceed.

Every step of the way we’ll make sure you understand how your case is proceeding. This includes explaining legal terms and how they relate to you. When proving your accident resulted from another party’s negligence, we’ll use the terms “proximate” and “actual” cause. Let’s take a look at what those terms mean.

Tactics Insurance Companies Use to Try and Get Out of Paying an Accident Victim

Published on Oct 10, 2019 at 1:36 pm in Car Accidents.

Laptops and forms on desk as a person reviews them

The time following a car accident can be confusing. Not only are you dealing with healing from the crash, you also have to figure out your legal options for proving liability and receiving compensation. You might assume that insurance companies will be on your side since you are the victim, but that isn’t always the case. When you aren’t responsible for an accident, you’ll need to know the tactics insurance companies might use to get out of paying you.

How is Liability Determined in Accidents with Company Vehicles?

Published on Oct 2, 2019 at 12:16 pm in Car Accidents.

Close up of scuffed white car

If you’ve been involved in a car accident, your next move may be thinking about suing the other party for negligence. However, if the person was driving a company car, you may also have the option of suing the employer. Because car accident cases like this can quickly become complex, it’s important to have an experienced lawyer at your side. The attorneys from DiPiero Simmons McGinley & Bastress, PLLC will do everything possible to get you the compensation you deserve.

We’ll find out the facts of your case through careful investigation. If we believe you have a valid claim against the employer, then we’ll work as diligently as possible to build your case.

While whether or not you can sue the employer can be tricky to find out, our lawyers will look into the details of your case and explain your options to you. Before learning more about how we can help, let’s look at some situations where the employer may or may not be held liable for an accident.

What Effects Can a Debilitating Injury Have on an Entire Family?

Published on Sep 25, 2019 at 2:25 pm in Car Accidents.

An accident could happen anywhere—a car crash, the workplace, in a sport, or even at home. If an accident is bad enough, it can cause serious injuries that are debilitating to the victims. Each year there are over 20 million traumatic injuries caused by motor vehicle accidents, as reported by the World Health Organization (WHO). Not only do traumatic injuries affect the physical and mental health and abilities of a victim, but they can also greatly impact the victim’s family in the same ways.

What Does the Term “Injury Discovery” Mean?

Published on Sep 25, 2019 at 11:20 am in Personal Injury.

The days and weeks following a serious injury like a car accident injury can be a confusing time. Since adrenaline and shock can mask symptoms of pain, you may not feel the full effects of your injuries until days or even weeks after the incident. You may decide to delay seeking medical care due to this fact. This delay, unfortunately, can cause complications if you decide to file a legal claim against the individual, group, or company that caused the accident to occur. In a scenario like this, the best thing for you to do would have been to seek medical care immediately following the incident.

Complications may arise in this situation because the date that the accident occured won’t match up with the date that your pain and/or symptoms were discovered. When you “discover” an injury from an accident, the legal term for this is discovery is called “injury discovery”. In most personal injury cases involving immediate injuries, the injury discovery date will match up with the date of the incident, which can be proven by looking at police records. When a judge or jury then looks at that evidence, they’ll naturally be able to assert that the accident caused your injuries directly because the dates will match.

What Form Does Negligence Take for Nursing Home Patients with Dementia?

Published on Sep 11, 2019 at 11:58 am in Nursing Home Abuse.

People with diseases like Alzheimer’s and other forms of dementia can be unpredictable in their moods, actions, and thoughts. The symptoms of dementia, like memory loss and trouble concentrating, can make it hard to reason with the person about their behavior because they might not remember acting out, or they might not see themselves as wrong. This unpredictable nature can lead to behavioral or safety issues if the patient is not properly monitored and supervised.

If your loved one is in a long-term facility, you should always pay attention to the care that they’re receiving. Unfortunately, nursing home abuse is a real possibility. Most patients with dementia require extra attention and care. Keep reading to find out what form negligence takes for nursing home patients with dementia so that you know what to look for in your loved one.

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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