Proudly Fighting
for West Virginia
Injury Victims
RECOVERING MILLIONS FOR OUR CLIENTS

GET A FREE CONSULTATION

What Are the Lifelong Costs of a Spinal Cord Injury?

Published on Feb 18, 2025 at 6:12 pm in Personal Injury.

Any injury to the spinal cord, no matter how seemingly minor, can lead to a permanent disability and a lifetime of rehabilitation. When this type of injury is caused by an accident, it becomes increasingly important to accurately calculate the potential long-term cost so that the injured victim can at least be assured that they are financially covered.

According to the National Spinal Cord Injury Statistical Center (NSCISC), approximately 18,000 people in the United States suffer a traumatic spinal cord injury every year, not including those who died as a  result of their injuries. Approximately 300,000 people are currently living with these injuries today. The most common causes of these types of injuries include:

  • Motor vehicle accidents
  • Physical labor
  • Falls
  • Sports injury
  • Violence (shooting, assault, etc.)

How To Gather Evidence for Your Personal Injury Claim

Published on Feb 5, 2025 at 5:36 pm in Personal Injury.

When you’ve been involved in a car accident, gathering evidence to support your case is crucial for building a strong personal injury claim. Solid evidence can establish fault, prove the extent of your injuries, and help you recover compensation for damages.

Taking the right steps immediately after the accident and in the weeks following can make all the difference.

What Happens After a Personal Injury Claim is Settled?

Published on Apr 23, 2024 at 3:41 pm in Personal Injury.

You got hurt due to someone else’s negligence. You filed an insurance claim, and your attorney successfully negotiated a settlement for your case. You’re now wondering what happens after a personal injury claim is settled like yours is. Keep reading, and we’ll cover the steps that follow.

What Happens When Your Lawyer Sends a Demand Letter?

Published on Apr 2, 2024 at 3:35 pm in Personal Injury.

What happens when your lawyer sends a demand letter?

If you have considered filing a personal injury lawsuit, sending a demand letter is one step in the process. These legal documents set the stage for negotiation. When the other party receives this letter, they will have a full outline of the extent of your injuries, their liability, and your demands for compensation.

So, what happens after the letter is sent? Let’s look at a few possible actions that can occur after the delivery of these demands.

What Are the Risks of Elective Surgeries?

Published on Feb 27, 2024 at 4:36 pm in Medical Malpractice, Personal Injury.

All surgery has its risks, as any doctor will tell you, even surgeries that are considered non-essential.

Elective surgeries are those that you can schedule in advance. While most people consider “elective” and “optional” interchangeable, that isn’t always the case. Elective surgeries or procedures are often not optional but are usually not immediately necessary.

Put more simply, it’s a surgery you choose to have for a better quality of life versus a surgery you need for a life-threatening condition.

How To Request Copies of Your Medical Records in West Virginia

Published on Feb 13, 2024 at 3:55 pm in Personal Injury.

How to Request Copies of Your Medical Records in West Virginia

There can be any number of reasons a patient needs a copy of their medical records, from switching primary care providers or just wanting a copy to keep for their own files at home. Obtaining these records may be important to understanding test results or other details of your treatment plan. These records may also include doctor’s notes, medical test results, lab reports, and billing information, which might be needed at any given time.

According to the federal Health Insurance Portability and Accountability Act (HIPAA), all patients have the legal right to request and obtain their personal medical records or those of anyone they have guardianship or power of attorney over. Additionally, the West Virginia legislature, specifically WV Code 16-29-1, also has provisions for patients’ rights regarding acquiring medical records.

Can I Claim Future Medical Expenses in a Personal Injury Lawsuit?

Published on May 12, 2023 at 4:33 pm in Personal Injury.

Can I Claim Future Medical Expenses in a Personal Injury Lawsuit?

When you are injured in an accident or through the negligent actions of another person, you are owed compensation for the full breadth of your financial losses. This includes all medical expenses you have incurred as a result of your injuries.

But while you may know that you are entitled to compensation for past and current medical bills, you may still be unsure whether you can claim future medical expenses in a personal injury lawsuit. The short answer is yes, future medical expenses are compensable in a personal injury claim.

Knowing how much you are entitled to for future medical expenses is a much more complicated question to answer, though.

How To Negotiate a Settlement With an Insurance Claims Adjuster

Published on Feb 17, 2023 at 5:42 pm in Personal Injury.

How To Negotiate a Settlement With an Insurance Claims Adjuster

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.

How Does the Deposition Process Work in a Civil Lawsuit?

Published on Jan 6, 2023 at 5:58 pm in Personal Injury.

How Does the Deposition Process Work in a Civil Lawsuit?

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?

How Is Gross Negligence Defined in West Virginia?

Published on Dec 9, 2022 at 5:39 pm in Personal Injury.

How Is Gross Negligence Defined in West Virginia?

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.

  • Page 1 of 2
  • 1
  • 2