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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.

The Difference Between Economic and Noneconomic Damages

Published on Nov 11, 2022 at 2:22 pm in Personal Injury.

calculating damages

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. 

Why Would You Not Want to Quickly Settle Your Personal Injury Case?

Published on Jun 3, 2022 at 10:11 am in Personal Injury.

signing a settlement agreement

Any time that someone is injured through no fault of their own, they face an uphill battle to recovery. While physical recovery certainly has its challenges—and some victims may never fully recover from their injuries—the financial side of an accident or injury can be just as devastating. 

Whether you were hurt in a car accident, slip and fall incident, or in a case of medical malpractice, you deserve financial compensation to make the best recovery possible. We know that the insurance company’s first offer is never what’s in your best interest—it’s in the interest of their own bottom line. 

How Long Does It Take to Get Settlement Money?

Published on Jan 21, 2022 at 1:24 pm in Personal Injury.

Person signing document

You and your lawyer have worked together to reach a settlement after your car accident or other type of personal injury case. But after your personal injury case has been settled, you may be asking: How long does it take to get a settlement payment? The answer to how long it takes to get money after a case is settled will depend on several factors. While rough estimates usually put the amount of time to receive settlement money around four to six weeks after a case it settled, the amount of time leading up to settlement will also vary. There are multiple factors to consider when asking how long it takes to get a settlement check.

How Long Will Your Personal Injury Case Take?

Published on Aug 26, 2021 at 8:33 am in Personal Injury.

Desk with iPad calendar and notebook and keyboard

After being injured by another negligent party, you might be interested in filing a legal claim to hold them responsible for the damage they’ve caused you. But if you’ve never done that before, you might be hesitant because you don’t know how to go about it or don’t know how long it will take.

How Will Your Lawyer Calculate Your Noneconomic Damages?

Published on Aug 6, 2021 at 8:28 am in Personal Injury.

Man buttoning suit jacket

When you’ve been in an accident that was caused by someone else’s negligence and it caused you harm in the form of physical and emotional damages, then you could hold them accountable for those costs with the help of a personal injury lawyer. Their job will then be to prove the other party’s negligence in what happened and calculate exactly what you’re owed in damages.

There are two main types of damages that you can recover in a personal injury claim, and those are economic and noneconomic damages. Let’s take a look at the latter and how your attorney will calculate what you’re owed in those types of damages.

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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