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West Virginia is a beautiful state. Its majestic highways traverse some of the most beautiful mountain ranges in the entire USA. The Smoky’s, Blue Ridge, and Cherokee ranges are nothing short of breathtaking. It is a wonderful state to visit and drive through.
Unfortunately, all that adventuring could result in a serious car accident or other accident that requires you to need a West Virginia attorney. It is important to know that you have two (2) years from the date of the accident to bring a legal claim for property damage, car accident, and personal injury claims.
West Virginia follows the Comparative Negligence rule. If a snowbird or any person is more than 51% responsible for the accident, they cannot recover any money for compensation in a lawsuit (WV Section 55-7-1). Please note, this provision has little to no bearing on passengers in vehicles. They are rarely found at fault for an accident.
West Virginia has low mandatory motor vehicle liability limits of $20,000.
In addition, any contractual rights and remedies for accident benefits (PIP) need to be addressed in the snowbird’s home state or province. It is quite likely if you are involved in an accident the defendant driver will have inadequate personal insurance to cover claims. It is imperative that should you travel, you carry the maximum amount of limits and make sure you have underinsured and uninsured motorists protection. Don’t leave home without it.
For 35 years, we have been assisting Canadians and US residents involved in car accidents and other personal injury accidents across the United States. After a serious car accident or other type of accident has occurred, you will need a lawyer in both the state the accident occurred and in your home province or state. It’s crucial that the two lawyers work collaboratively to ensure your rights and remedies are properly protected.
We help you find some of the very best West Virginia attorneys who understand the complexity of cross-border accidents. Both lawyers will share one contingency fee based on the work performed. Since these lawyers work on a contingency basis, you will only pay for the services rendered once your settlement has been received, helping you to focus on your recovery, not your finances.
John Eric Lichtenstein, born January 24, 1961, Roanoke, VA. Admitted to bar: VA (1987). Preparatory and Legal Education: University of Virginia, (B.A. 1983); University of Virginia School of Law (J.D. 1986). Organizations – Fraternities, Memberships, Fellowships: Fellow, American College of Trial Lawyers; Fellow, American Board of Criminal Lawyers; Fellow, Virginia Law Foundation;President, Virginia Trial Lawyers Association (2015-2016); Chair, Criminal Law Section, Virginia State Bar (2006-2007); Member, Roanoke and Richmond, VA Bar Associations; Rated “AV” Martindale-Hubbell; Listed: Best Lawyers; Super Lawyers; Virginia Legal Elite by VA Business Magazine; named, Virginia “Leader in the Law” by VA Lawyers Weekly.