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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.

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.

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.

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.

What Does an Expert Witness Do in a Personal Injury Trial?

Published on May 1, 2019 at 10:32 am in Personal Injury.

If your personal injury claim involves complex evidence, you could benefit from having an expert witness speak at your trial. Depending on the circumstances surrounding you claim, you lawyer will be able to find the right witness to support your claim and help you prove negligence on behalf of the opposing party. If your lawyers suggests an expert witness, you’ll benefit from understanding the role and advantages of an expert witness, the types of witnesses that could support your case, and how the selection process works.

Why Are Expert Witnesses Important?

Even if the facts of your case seem straightforward to you, there could be complexities that make it difficult to receive full and fair compensation when your case is presented to a judge or jury. An expert witness can testify on your behalf to provide specific technical knowledge about you case. While, unlike a standard witness, the expert did not see the accident happen, they are allowed to testify because they have the ability to add important information to the claim based on their experience and knowledge. This can help cases resolve faster and ensure the proper amount of compensation is awarded.

Is Your Elderly Loved One at Risk for Elopement?

Published on Feb 13, 2019 at 3:18 pm in Personal Injury.

In a nursing home facility, residents are supposed to be regularly monitored to ensure their health and wellbeing are maintained. Unfortunately, when nursing home employees are understaffed or undertrained, residents can sustain significant injuries. Physical abuse, poor dietary options, few social activities, and unsanitary conditions can all result in harm. While those situations all take place in the facility, a resident is put in even more danger when they unknowingly leave their nursing home.

What is Elopement?

Elopement occurs when a nursing home resident leaves their facility. This can be dangerous for a number of reasons – the most pressing related to the elements they’re walking into. It is likely they will not have the appropriate clothes on to be outside. They may be lacking shoes, which could contribute to any possible falls. If the person is disoriented, they may be unaware of how far they’ve gotten from their facility and may not know how to contact their loved ones.

Burn Injuries: How Safe Is Your House or Apartment?

Published on Jan 31, 2019 at 11:33 am in Personal Injury.

Fires are often unexpected and can cause severe injuries. If you don’t have fire safety measures implemented, this could risk getting injured from the fire. How safe is your house or apartment in case of a major fire? Here are some ways you can check to see how prepared your home is and how you can make it better protected in case of a disaster you may not anticipate:

Why Do Train Derailments Happen?

Published on Aug 29, 2018 at 1:10 pm in Personal Injury.

Thousands of train accidents occur each year in the United States. According to the Rail Safety Statistics Report, train accidents are caused by non-rail grade crossing collisions, rail grade crossing collisions, derailments, fires, and other miscellaneous events. Keep reading to learn the specifics of train derailments and why they happen.

From 2007-2013, the Federal Railroad Administration collected and evaluated train accident statistics. While train derailments fell near the bottom of the list for reasons why train accident happen, their impact is still significant. Approximately 61 derailments happen every year. Between 2007 and 2013, 114 people were injuries as a result of a train derailment. No deaths were reported.

How Common Are Dog Bite Claims in West Virginia?

Published on Aug 15, 2018 at 12:18 pm in Personal Injury.

While we normally think of our dogs as loyal companions always ready for tummy rubs and treats, there are unfortunate instances where they can become aggressive. While getting bit by a dog is always a dangerous and scary event, children and the elderly are at risk for even more injuries. In the event you or someone you love is bitten by a dog, it’s important to know the laws surrounding the issue and your rights.

The Centers for Disease Control and Prevention report that more than 4.5 million dog bites happen in the United States each year. Nearly one million of those bites end up requiring medical attention for severe lacerations bruising, and concerns of rabies, capnocytophaga bacteria, Pasteurella, MRSA, and tetanus. Individuals often need antibiotics, stitches, rabies shots, or even plastic surgery. Of those 4.5 million bites, approximately 2,500 occur in West Virginia.

Common Causes of Concussions in Football

Published on Jun 14, 2018 at 12:15 pm in Personal Injury.

Brain injuries can be caused by motor vehicle accidents, falls, and workplace accidents. But they can also occur in sports. Football is a major sport in America and many athletes can suffer from head trauma, mainly concussions. When someone suffers from brain trauma, their mental and physical health are both at risk.

If you or a loved one has suffered from a brain injury, you may be able to get compensation for your injuries. A West Virginia brain injury lawyer from DiPiero Simmons McGinley & Bastress, PLLC will help you with your claim and make sure you get the help you need. Brain injuries can lead to expensive medical bills and future rehabilitation. Knowing you have a financial cushion will allow you to focus on your recovery.

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