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How To Dispute an Insurance Claim

Published on Mar 4, 2021 at 3:01 pm in Personal Injury.

Person handing over pen and paper to other person with folded hands

Filing an insurance claim is meant to cover what you need from an event that left you injured or with property damage. For example, if you were in an auto wreck that wasn’t your fault, you’d file an insurance claim through your auto insurance provider. Ideally, they would fully compensate you for the damages you suffered and the costs you incurred from the accident.

Can You Sue After Suffering from an Allergic Reaction?

Published on Apr 23, 2020 at 11:45 am in Personal Injury.

Medication

When you have an allergy you know about, you don’t want to avoid the world for what might happen if you come in contact with it. Sometimes, people unknowingly expose you to your allergy and give you an allergic reaction. Even worse, if you didn’t know you were allergic to the substance, and this is your first reaction, it could get dangerous very quickly if your allergy is severe.

Whether you have an allergic reaction from food, medication, or another product, like cosmetics, you might be able to file a claim against the party responsible for giving you the reaction. A Charleston personal injury lawyer from DiPiero Simmons McGinley & Bastress, PLLC can help you through the process of filing a case against the person or entity who caused your allergic reaction.

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.

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.

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:

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 American Veterinary Medical Association reports 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.

Is the Opioid Crisis Causing More Car Accidents in West Virginia?

Published on Oct 30, 2017 at 12:00 pm in Personal Injury.

The country is facing a serious opioid epidemic, and West Virginia is suffering the most. These drugs include heroin, oxycodone, codeine and morphine. West Virginia had the highest overdose death rate in the nation at 880 people. Anyone can get addicted to opioids, but West Virginia is losing a disproportionate amount of people, especially young ones.

Funeral directors report normally seeing two to three bodies a day, or usually about seven bodies in one week. They’re saddened at the amount of young people coming through their doors.

As opioid addiction is on the rise, so is the amount of people driving under the influence. Car accidents are sudden and take a huge emotional and physical toll on everyone involved. If you’ve lost a loved one in a car accident where opioids were involved, you have a right to seek legal action.

Injured Woman Files Lawsuit Against Tractor Supply

Published on May 6, 2015 at 2:23 pm in Personal Injury.

A woman who claims she was injured in a Tractor Supply store is currently suing the company for their part in the accident. The manager of the store where the incident occurred is also named as a defendant in the suit.

The woman was attempting to get a container of dog food from one of the store shelves when both of her feet became trapped in an empty pallet that was concealed under some cardboard. She fell over and severely injured her neck, back, knees, and feet as a result.

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