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.

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. 

The law office of DiPiero Simmons McGinley & Bastress, PLLC in Charleston, WV explores the laws regarding video cameras in nursing homes and how they affect cases of nursing home abuse or neglect. 

After learning more about care facility security camera regulations, please reach out to our office with any questions concerning your own case of nursing home abuse or neglect. We provide free case evaluations to empower families to make the best decisions for the care of an aging loved one.  

If you’ve ever undergone medical treatment or a surgical procedure, you should have been “consented” before either. Doctors and other medical providers must perform an informed consent before administering any treatment or performing an operation, with very few exceptions. Their failure to secure your medical informed consent could result in your physician facing a medical malpractice lawsuit if they failed to take this step.

Being involved in a car accident is a physically, financially, and emotionally traumatizing event. Depending on the severity of your crash, you may be left with thousands of dollars in auto repairs and a seemingly unending stream of medical bills. If you are unable to work after your car accident, making a full recovery might seem out of reach.

Over 61,000 claims of employment discrimination were filed last year at the federal level. Although many hope that workplace discrimination is a thing of the past, the ugly truth is that it is a major concern for thousands of Americans in the workforce today.

The employment law attorneys of DiPiero Simmons McGinley & Bastress, PLLC provide some insight on the most common challenges in work discrimination claims. Work discrimination claims can be complicated, and it’s highly advisable to work with an experienced lawyer when filing your claim. 

Did you entrust your loved one’s care to a nursing home only to later learn that staff members mistreated them? If so, the time to take action is now. Aside from helping your family member take legal action against their abuser, you should also take reasonable steps to report elder abuse in West Virginia.

Reporting instances of elder abuse to the proper authorities will not only protect your loved ones, but may also prevent further harm to other victims who do not have a trusted family member to advocate on their behalf. Alerting authorities to acts of elder abuse also helps minimize the chances of future nursing home residents suffering at the hands of an abusive caretaker.

Many people fear dogs because they’re well aware of the dangers they pose if they attack. An adult dog’s bite is far more powerful than the nibble a puppy with small and perhaps less developed teeth might give you. The older a dog is, the more significant damage it can likely do with its teeth.

If you’ve been bitten by a dog here in Charleston, WV, you might have mounting medical bills you now need to pay. You may also want to find a way to assign a monetary value to the pain and suffering you have endured. A dog bite attorney at DiPiero Simmons McGinley & Bastress, PLLC can help. Let’s explore how West Virginia dog bite laws address dangerous canine attacks and your right to recover compensation after they occur.