WRONGFUL DEATH IN HUNTINGTON, WEST VIRGINIA? CALL THE MARINE.

Don’t Just Hire a Lawyer. Hire a Marine with a Law Degree.

DEDICATED HUNTINGTON, WV WRONGFUL DEATH LAWYER - RYAN ASHWORTH

Q: What if my loved one had no will? Who files the lawsuit?

A family member can petition the Cabell County court to be appointed administrator of the estate. Once appointed, that person becomes the personal representative with legal authority to file the wrongful death action.

Q: What is the difference between a wrongful death claim and a survival action in West Virginia?

A wrongful death claim compensates surviving family members for their own losses, such as lost companionship and mental anguish. A survival action compensates the estate for losses the deceased suffered before death, such as pain and suffering and medical expenses.

Q: How long does a wrongful death case take in West Virginia?

Wrongful death cases in Cabell County Circuit Court typically take one to three years from filing to resolution, depending on case complexity and whether the defendant negotiates in good faith.

Q: What if the person responsible for my loved one's death has no insurance?

Other responsible parties may exist beyond the most obvious defendant, such as a trucking company, hospital system, or third-party contractor. Uninsured or underinsured motorist coverage may also apply.

Have you lost a loved one due to wrongful death in Huntington? There are no words for what you are going through right now. The whole world has moved on while yours has stopped. But if someone else’s negligence took your loved one from you, you deserve more than condolences. You deserve a fighter. Attorney Ryan Ashworth brings the same relentless commitment he carried as a United States Marine to every wrongful death case in Huntington and Cabell County. Tell us your story.

Address: 911 3rd Ave Suite 210, Huntington, WV 25701

Phone: (304) 944-4994

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Huntington Wrongful Death Attorney Information

What is a Wrongful Death Claim in West Virginia?

As defined under West Virginia Code §55-7-5, a wrongful death claim in West Virginia is a civil legal action filed by the personal representative of a deceased person’s estate when that person’s death was caused by another party’s negligence, wrongful act, neglect, or default. The law exists because the right to seek justice for a fatal injury should not disappear simply because the victim did not survive.

It is important to understand the distinction between a wrongful death claim and a wrongful death lawsuit. A claim is the formal assertion of liability made against the responsible party or their insurer. A lawsuit is filed when that claim is not resolved through settlement and litigation becomes necessary. Many wrongful death cases in Cabell County resolve at the claim stage, but having an attorney prepared to take a case to the Cabell County Circuit Court is what creates the leverage that produces fair settlements.

One question families in Huntington often ask is whether a wrongful death civil case can proceed at the same time as a criminal investigation or prosecution. The answer is yes. West Virginia law allows a civil wrongful death action to move forward entirely independently of any criminal case. The burden of proof is different. A civil case requires a preponderance of the evidence, not proof beyond a reasonable doubt. This means a family can win compensation even when a criminal conviction is not obtained, or has not yet been pursued. The O.J. Simpson civil case is the most famous national example of this principle in action; it applies equally in West Virginia courtrooms.

If you lost a loved one in Huntington or anywhere in Cabell County and believe another party’s negligence was responsible, the first step is a free consultation. Call 304-944-4994 to speak with a Huntington wrongful death attorney today.

Who can file a wrongful death lawsuit in west virginia?

Unlike many states that allow a spouse or parent to file a wrongful death lawsuit directly, West Virginia requires that the action be filed by the personal representative of the deceased person’s estate. This comes directly from WV Code §55-7-6. It does not matter how close you were to your loved one. A surviving spouse cannot file on their own. A parent cannot file on their own. The personal representative is the only person the court will recognize as having legal standing to bring the action.

What is a personal representative?

A personal representative is the person legally appointed to administer a deceased person’s estate. If your loved one had a will, they likely named an executor, and that person typically becomes the personal representative. If there was no will, the Cabell County Commission’s Office of the Fiduciary Supervisor handles the appointment of an administrator, who then serves as the personal representative.

If no one has yet been appointed, do not let that stop you from calling an attorney. This is a routine legal step and your attorney can help you navigate the appointment process quickly. It is not a barrier to your case. It is a starting point.

Who actually receives the money?

This is the question families really want answered. The personal representative files the lawsuit and manages the case, but they do not necessarily keep the recovery. Under WV Code §55-7-6, the court distributes any settlement or verdict among the beneficiaries, which can include:

The surviving spouse
Children of the deceased, including adopted children and stepchildren who were part of the household
Stepchildren who were dependent on the deceased
Parents of the deceased
Siblings of the deceased
Any other person who was financially dependent on the deceased at the time of death

West Virginia courts have discretion in how they distribute the recovery among beneficiaries based on the actual loss each person suffered. A surviving spouse who relied entirely on the deceased for income will be treated differently than an adult sibling who lived across the country. The distribution is not automatically equal, and it should not be.

What if there is no will and no obvious person to serve?

It happens more often than you might expect, especially in cases involving younger victims or families who never got around to estate planning. In those situations, a surviving family member can petition the Cabell County court to be appointed administrator of the estate. Once appointed, they have the legal authority to bring the wrongful death action. Your attorney handles this process as part of representing your family. It is not something you have to figure out alone.

What if the personal representative is the person who caused the death?

West Virginia courts have addressed this situation. If the named executor or administrator is also the party whose negligence caused the death, the court can appoint a different personal representative to avoid a conflict of interest. This scenario comes up in cases involving family members, estate disputes, or business partners. It is solvable.

The bottom line is this: the personal representative requirement is a procedural rule. An experienced Huntington wrongful death attorney knows how to move through it efficiently so your family can focus on what matters. Call 304-944-4994 for a free consultation.

What damages can a Huntington family recover?

Economic damages

Economic damages are the financial losses you can document and calculate. In a wrongful death case in West Virginia, these typically include:

Lost income and earning capacity. What your loved one would have earned over the remainder of their working life, accounting for raises, career progression, and benefits.
Medical expenses. Any hospital bills, emergency treatment, or end-of-life care incurred between the injury and the death.
Funeral and burial expenses. These are recoverable directly and are often among the first costs a family faces.
Lost inheritance. This is the amount your loved one would reasonably have saved and passed on to their family had they lived a full life. West Virginia is one of the few states that explicitly recognizes this as a recoverable loss, and it is consistently undervalued by families who do not have an attorney fighting for it.

Non-economic damages

Non-economic damages cover the human losses that do not come with a receipt but are just as real. West Virginia law allows recovery for:

Loss of companionship and consortium
Loss of parental guidance and instruction
Mental anguish and grief suffered by the beneficiaries
Loss of the deceased’s care, protection, and nurturing

These damages are harder to quantify, which is exactly why insurance companies try to minimize them. An experienced wrongful death attorney builds the case for these losses through testimony, expert witnesses, and a detailed picture of who your loved one was and what their absence means to your family.

Punitive damages

In cases where the defendant’s conduct was intentional, malicious, or showed a conscious disregard for the safety of others, West Virginia courts can award punitive damages on top of compensatory damages. These are not meant to compensate the family. They are meant to punish the wrongdoer and send a message. Drunk driving deaths, reckless corporate decisions, and deliberate misconduct are the kinds of facts that can support a punitive damages claim.

The damages cap you need to know about

Here is something neither of the other major wrongful death pages in Huntington will tell you clearly: West Virginia law places a cap on non-economic damages, but the cap that applies to wrongful death cases is different from the one most people hear about.

Under WV Code §55-7B-8, the non-economic damages cap for wrongful death cases is $500,000, not the $250,000 cap that applies to standard personal injury medical malpractice cases. This distinction matters enormously when valuing a case, and it is one that families without legal representation often never learn until it is too late to make a difference.

Economic damages, lost income, funeral costs, medical bills, and lost inheritance are not subject to this cap. Only non-economic damages fall within it.

What is your case actually worth?

There is no honest answer to that question without knowing the facts. The age of your loved one, their income, their role in the family, the circumstances of the death, and the defendant’s conduct all shape the value of a wrongful death case. What we can tell you is that families who handle these claims without an attorney consistently recover less than those who do not.

Call 304-944-4994 for a free consultation. There is no fee unless we win.

Common causes of wrongful death cases in huntington, wV

Huntington sits at the intersection of US-60 and I-64, at the heart of the Tri-State area where West Virginia, Kentucky, and Ohio meet. It is a community with a proud history and real challenges, and the wrongful death cases that come through our office reflect both. These are not abstract legal scenarios. They are tragedies that happen on roads your family drives every day, in hospitals your family trusts, and in workplaces where people are just trying to make a living.

Car and Truck Accidents on Huntington Roads

US-60, known locally as the Corridor G connector and running through the heart of Huntington, is one of the most heavily traveled corridors in the state. I-64 through Cabell County sees consistent commercial truck traffic moving between the midwest and the eastern seaboard. Fatal accidents on these roads involve speeding, distracted driving, drunk driving, and commercial truck operators pushing past federal hours-of-service limits.

When a death involves a commercial truck, the case is immediately more complex. Trucking companies deploy investigators and legal teams within hours of a serious accident. Evidence on the truck, including electronic logging data, GPS records, and onboard camera footage, can be lost or overwritten quickly if it is not preserved through immediate legal action. If your loved one was killed in a truck accident on I-64 or anywhere in Cabell County, time is not on your side.

Medical Malpractice at Huntington Hospitals

Huntington is home to two of the largest medical facilities in the region: Cabell Huntington Hospital on Hal Greer Boulevard and St. Mary’s Medical Center on 29th Street. Both institutions serve a wide patient population across the Tri-State area, and both have been the subject of medical malpractice claims over the years.

Medical wrongful death cases arise from misdiagnosis, surgical errors, anesthesia mistakes, medication errors, and failures to monitor patients appropriately. These cases are among the most difficult to pursue because hospitals and their insurers defend them aggressively, and the medical records needed to prove the case are controlled by the same institution being accused of negligence. Having an attorney who knows how to obtain, preserve, and interpret those records is not optional in a medical malpractice wrongful death case. It is the difference between a case and no case.

Opioid-Related Wrongful Death

No honest discussion of wrongful death in Huntington can ignore the opioid crisis. Huntington became known nationally, and painfully so, as one of the communities hit hardest by opioid overdose deaths. What many families do not realize is that some of those deaths give rise to viable wrongful death claims.

When a doctor overprescribes opioids in violation of accepted medical standards, when a pharmacy fills a prescription that no reasonable pharmacist should have filled, or when a treatment facility fails to provide an appropriate standard of care, surviving family members may have grounds for a wrongful death action. These cases require attorneys who understand both the medical and legal standards involved. They are not simple, but they are winnable.

Workplace and Industrial Accidents

West Virginia’s industrial history runs deep, and so does its record of workplace fatalities. Construction sites, manufacturing facilities, chemical plants, and transportation operations all present serious risks. When a worker is killed on the job, the family is often told that workers compensation is their only option. That is not always true.

Workers compensation covers employer liability, but if a third party contributed to the death, such as an equipment manufacturer, a subcontractor, or a property owner, a separate wrongful death claim may be available outside the workers compensation system and without its damage limitations. Identifying every responsible party is one of the most important things an attorney does in a workplace death case.

Nursing Home Negligence and Abuse

West Virginia has one of the oldest populations in the country, and Cabell County has no shortage of long-term care facilities. When a nursing home resident dies as a result of neglect, understaffing, medication errors, falls that were not prevented, or outright abuse, the facility and its ownership group can be held accountable through a wrongful death claim.

These cases often involve arbitration clauses buried in the admission paperwork that nursing homes use to try to keep cases out of court. Those clauses are not always enforceable, and an experienced attorney knows how to challenge them. Do not assume that because your loved one signed something at admission, your family has no legal options.

If your loved one died in any of these circumstances in Huntington or anywhere in Cabell County, call 304-944-4994 for a free consultation. There is no fee unless we win.

How long do you have to file a wrongful death claim? (statute of limitations)

In West Virginia, the statute of limitations for a wrongful death claim is two years. That deadline is set by WV Code §55-7-6, and it runs from the date of your loved one’s death. If a lawsuit is not filed within that window, the court will almost certainly dismiss it, and your family will lose the right to pursue compensation permanently. No exceptions, no extensions, no second chances.

Two years sounds like a long time when you are standing at a graveside. It is not.

Why families run out of time

Grief does not follow a calendar. In the weeks and months after losing someone, the last thing most families want to think about is a lawsuit. That is completely understandable. But the legal system does not pause for grief, and the people responsible for your loved one’s death are counting on your family to wait too long.

Insurance companies and corporate defendants know the statute of limitations better than most attorneys. They are not going to call you when the deadline is approaching. In some cases, drawn-out settlement discussions are used deliberately to run down the clock. By the time a family realizes negotiations are going nowhere, it can be too late to file.

The discovery rule and when it applies

West Virginia recognizes a limited exception to the two-year deadline known as the discovery rule. Under this doctrine, the statute of limitations may not begin to run until the date the family knew or reasonably should have known that the death was caused by another party’s wrongful conduct.

This exception comes up most often in medical malpractice wrongful death cases, where the negligence that caused the death may not be apparent from the medical records alone. It can also apply in cases involving toxic exposure, where the connection between a substance and a death may not be medically established until well after the death occurred.

The discovery rule is a narrow exception, not a general extension. Courts apply it carefully, and defendants fight hard against it. If you believe it might apply to your situation, the right move is to speak with an attorney immediately rather than assume you have more time than you do.

Why waiting is dangerous even within the deadline

Even if you are well within the two-year window, every day that passes makes your case harder to build. Here is what happens to evidence over time:

Accident scenes are cleaned up, repaired, or altered. Surveillance footage is recorded over, often within days. Witnesses move away, forget details, or become harder to locate. Electronic data on commercial vehicles gets overwritten. Medical records can be amended. Physical evidence deteriorates.

The strongest wrongful death cases are built by attorneys who get involved early, send spoliation letters to preserve evidence, retain investigators while the facts are fresh, and secure witness statements before memories fade. Waiting six months to call an attorney does not save you six months. It costs you evidence you can never get back.

The bottom line

If you lost a loved one and believe another party’s negligence was responsible, do not wait to find out whether you have a case before contacting a Huntington personal injury lawyer. The consultation is free. The conversation costs you nothing. Waiting could cost you everything.

What Does it Cost to hire a huntington wronful death lawyer?

Nothing upfront. Not a dollar.

Wrongful death cases at our firm are handled on a contingency fee basis. That means we only get paid if we recover compensation for your family. If we do not win, you do not owe us attorney fees. Period.

This matters because the families who need wrongful death attorneys the most are often the ones least able to write a check when they walk through the door. They are dealing with funeral costs, lost income, and the financial shock that follows an unexpected death. The contingency fee model exists precisely for this situation. It means the quality of legal representation your family receives has nothing to do with what is in your bank account right now.

How does the fee actually work?

When your case resolves, whether through settlement or a jury verdict, our attorney fee is calculated as a percentage of the recovery. You will know that percentage before you sign anything. There are no surprises and no hidden costs buried in fine print. Every fee arrangement is spelled out clearly in your retainer agreement before we begin working on your case.

What about case expenses?

Litigation costs money beyond attorney fees. Depositions, expert witnesses, medical record retrieval, court filing fees, and investigator costs all add up in a serious wrongful death case. We advance those costs on your behalf throughout the case. They are reimbursed from the settlement or verdict at the end. You are not asked to fund your own case out of pocket while you are grieving.

What if we do not win?

If we do not recover compensation for your family, you do not owe us attorney fees. That is what no fee unless we win means, and we mean it without qualification.

The free consultation

Before any of this applies, the first conversation is completely free. You can call us, tell us what happened, and get a straight answer about whether you have a case worth pursuing. No pressure, no obligation, and no clock running on billable hours while we talk.

A wrongful death case against an insurance company, a hospital, or a corporation is not something a family should try to handle alone. Those defendants have lawyers working for them from day one. You deserve the same. The contingency fee model makes that possible regardless of your financial situation.

Call 304-944-4994 for your free consultation. There is no fee unless we win.

why hire a local huntington wrongful death attorney

When your family is facing a wrongful death case, the attorney you hire is not just a legal technician processing paperwork. They are the person who will walk into the Cabell County Circuit Court, know the judges, understand the local rules, and make decisions in real time that affect your family’s future. This is not something you can replicate from a law firm on the other side of the country.

The importance of local knowledge

Cabell County Circuit Court has its own procedures, its own scheduling practices, and its own judicial temperament. An attorney who regularly appears there knows how cases move through that system, what arguments resonate, and how to position a case for the best possible outcome whether it settles or goes to trial. An out-of-state firm handling your case remotely is learning on your time.

Local expert witnesses matter too. Medical malpractice wrongful death cases often require testimony from physicians who understand the standard of care in this region. Accident reconstruction experts who know the roads in Cabell County and the surrounding area bring credibility that generic national experts cannot match. These are relationships built over years of practicing law in the same community.

West Virginia’s comparative fault rules require someone who knows them cold.

Under WV Code §55-7-13A, West Virginia follows a modified comparative fault system. If your loved one is found to have been partially at fault for the circumstances that led to their death, their percentage of fault reduces the recovery. If they are found to be 50 percent or more at fault, the family recovers nothing.

Defense attorneys in wrongful death cases routinely try to shift blame onto the deceased. It is one of the most aggressive and painful tactics in civil litigation, and it works on families and juries who are not prepared for it. An attorney who knows West Virginia comparative fault law and has seen this tactic deployed in Cabell County courtrooms is prepared to counter it. One who is not can be caught flat-footed at a moment that cannot be undone.

Ryan Ashworth is here for you, in person.

Grieving families should not have to leave voicemails for a call center or wonder which attorney in a rotating roster is actually handling their case. When you call 304-944-4994, you reach our Huntington office. When you need to sit down and talk through what happened, we are here in the community where it happened.

Ryan Ashworth grew up understanding service and accountability. His background as a United States Marine shaped how he approaches every case he takes: with discipline, with commitment, and with the understanding that the people counting on him deserve his full effort.

Cabell County families also benefit from our familiarity with the surrounding counties we regularly serve, including Wayne County, Lincoln County, and Mason County. If your loved one was killed outside of Huntington but within Ohio or West Virginia, we can help. Call 304-944-4994 for a free consultation. There is no fee unless we win.

Ryan AshwORth Wrongful Death Background

Most wrongful death attorneys in West Virginia will tell you they fight hard for families. What they cannot tell you is that they spent over a decade on the other side of that fight.

Ryan Ashworth did.

Before founding Ashworth Nord, Ryan spent more than ten years representing major insurance companies in civil litigation. He sat at the defense table. He built the strategies that minimized payouts to grieving families. He learned every tactic, every argument, and every pressure point that insurance companies and corporate defendants use to protect their bottom line when a life has been lost.

Then he switched sides.

When he reviews the defense’s case strategy, he is not guessing at what they are planning. He has planned it himself. When an insurance adjuster makes a lowball offer, Ryan knows exactly how much room is left on the table because he used to be the one deciding how much room to leave.

Credentials that reflect the work

Ryan earned his Juris Doctor with honors from Ohio Northern University’s Pettit College of Law, where he was inducted into the Willis Society, reserved for the top ten percent of his graduating class. Before law school, he completed his undergraduate degree with honors in legal studies at Marshall University in Huntington, the same city where he now represents families who have lost loved ones.

He served two tours of duty as a United States Marine before pursuing law. That experience is reflected in how this office operates: direct communication, no hand-offs to paralegals, no excuses, and no settling for less than what a case is worth.

Ryan has been recognized by Super Lawyers, a peer-influenced selection process that identifies the top five percent of attorneys in a given state. He has also been recognized by Best Lawyers for outstanding achievement in civil litigation. These are not pay-to-play directories. They are peer recognition from other attorneys who know the quality of his work.

He is licensed to practice in both West Virginia and Ohio, which matters in the Tri-State area where wrongful death cases sometimes involve accidents, medical facilities, or defendants that cross state lines.

A note on case results

Ryan’s firm has recovered millions of dollars for clients across West Virginia and Ohio. Specific case results will be published on this page as they become available. If you would like to discuss what results like yours have looked like in cases we have handled, call 304-944-4994. That conversation is free, and it will give you a far more honest picture of what your case might be worth than any number on a website ever could.

Wrongful Death Frequently Asked Questions

Can I file a wrongful death claim if my loved one was partially at fault?

Yes, in most cases. West Virginia follows a modified comparative fault system under WV Code §55-7-13A. As long as your loved one was less than fifty percent at fault for the circumstances that caused their death, your family can still recover compensation. The recovery is reduced by their percentage of fault. If a jury finds your loved one was twenty percent at fault, the family recovers eighty percent of the total damages.

Where this gets complicated is that defense attorneys will work hard to inflate the deceased’s percentage of fault. It is one of the most common and most painful tactics used against wrongful death families in West Virginia. Having an attorney who anticipates that strategy and builds the case against it from the beginning makes a significant difference in what your family ultimately recovers.

What if my loved one had no will? Who files the lawsuit?

The absence of a will does not prevent a wrongful death claim. When there is no will and no named executor, a family member can petition the Cabell County court to be appointed administrator of the estate. Once appointed, that person becomes the personal representative with the legal authority to file the wrongful death action. This is a routine legal process and your attorney handles it as part of representing your family.

Can a wrongful death civil case proceed at the same time as a criminal case?

Yes. A civil wrongful death action and a criminal prosecution are completely separate proceedings that can run simultaneously. They operate under different standards of proof. A criminal conviction requires proof beyond a reasonable doubt. A civil wrongful death case requires only a preponderance of the evidence, meaning it is more likely than not that the defendant’s conduct caused the death. This means your family can pursue and win civil compensation even if a criminal case has not been filed, is still pending, or results in an acquittal.

How is a wrongful death settlement distributed among family members?

The personal representative receives the settlement or verdict on behalf of the estate, but does not keep it personally. The Cabell County Circuit Court oversees distribution among the beneficiaries based on the actual losses each person suffered. Distribution is not automatically equal. A surviving spouse who depended on the deceased for income will typically receive a larger share than an adult sibling who was financially independent. The court has discretion, and the distribution is shaped by the specific facts of each family’s situation.

How long does a wrongful death case take in West Virginia?

There is no honest single answer to this question, and any attorney who gives you a firm timeline at the outset is guessing. What is true is that wrongful death cases in Cabell County Circuit Court typically take anywhere from one to three years from filing to resolution, depending on the complexity of the case, the willingness of the defendant to negotiate in good faith, and the court’s docket.

Cases that settle before trial resolve faster. Cases involving disputed liability, multiple defendants, or complex medical evidence take longer. What does not change is that the work of building a strong case begins immediately, regardless of how long resolution ultimately takes.

What if the person responsible for my loved one's death has no insurance?

This is a real concern and it does not necessarily mean your family has no options. Depending on the circumstances, there may be other responsible parties beyond the most obvious defendant. In a trucking accident, the trucking company, its insurer, and potentially the cargo owner may all carry liability. In a medical malpractice case, a hospital system carries its own coverage separate from an individual physician. In a workplace death, a third-party contractor or equipment manufacturer may be liable outside the workers compensation system.

Your own auto insurance policy may also contain uninsured or underinsured motorist coverage that applies to a wrongful death caused by a driver who carried no insurance or not enough. This is one of the first things we review when evaluating a case.

Call 304-944-4994 for a free consultation. We will tell you honestly what options exist for your family.

What is the difference between a wrongful death claim and a survival action in West Virginia?

These are two distinct legal claims that are often filed together but serve different purposes.

A wrongful death claim compensates the surviving family members for their own losses: lost income, lost companionship, mental anguish, and the other damages discussed on this page. The beneficiaries are the ones being compensated.

A survival action, by contrast, compensates the estate for the losses the deceased person suffered before death. This includes the pain and suffering experienced between the injury and the death, medical expenses, and lost wages during that period. The recovery goes into the estate and is distributed according to the will or West Virginia inheritance law.

In cases where a victim survived for a period of time after the injury before dying, both claims can be filed and both can produce significant recovery. An experienced wrongful death attorney will evaluate both when reviewing your case.

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Wrongful Death Attorney near me in Huntington, WV

Ashworth Nord is located at 911 3rd Ave #210, Huntington, WV 25701.

If you would like to visit our office and are traveling by bus from Marshall University (a nearby landmark), head to the TTA Center at the old Greyhound Bus Depot downtown and take the Tri‑State Transit Authority (TTA) Route 3 – Third Avenue bus towards Lesage. Stay on the bus for approximately 5–10 minutes (3–4 stops) and get off at the 4th Ave & 3rd St stop. Walk 2 minutes east on 3rd Ave, and you will reach our office.

If you are traveling by car, head south on 3rd Ave from downtown Huntington for about 0.3 miles. Turn left onto 4th St, and continue for a short distance. Our office will be on your right, in the building at 911 3rd Ave, Unit 210. The total driving time is about 2–4 minutes, depending on traffic.

We are available Monday to Friday from 9:00 am to 5:00 pm.

If you have any questions, please call us at (304) 944‑4994.

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