Latest / WCHS Network Podcasts / 11/07/2024 Ask the Lawyer with Tom Peyton

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11/07/2024 Ask the Lawyer with Tom Peyton · WCHS Network Podcasts

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  Speaker 5: the power of Paton on your side this morning. Three
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  Speaker 5: zero four three four two eight one three one. Pay
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  Speaker 5: attention to the number little different right now as we're
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  Speaker 5: switching around studios here this morning, and give us a
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  Speaker 5: call three zero a four three four two eight one
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  Speaker 5: three one. Tracy will answered the phone and we'll get
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  Speaker 5: you over to our studio. If you want to ask
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  Speaker 5: Tom Payton, who is from Peyton Law Firm here this morning.
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  Speaker 5: Three zerre a four three four two eight one three
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  Speaker 5: one Tom, Good morning. How you doing this?
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  Speaker 6: I'm doing great the power of Peyton's here today. Glad
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  Speaker 6: to be here. Have been a few weeks since I
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  Speaker 6: was here. I think Dad covered last week and maybe
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  Speaker 6: the week before. And uh, I always give my real
• 1:24
  Speaker 6: time traffic report when I get here. So it's you know,
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  Speaker 6: they've got almost everything opened up there at Nitro. It's
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  Speaker 6: no the interchange. They actually have a deadic nice UH
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  Speaker 6: entry and exit lane to get on and off the
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  Speaker 6: Nitra and Saint Albans intersections there, which is great. And
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  Speaker 6: it's it's no longer the uh the place where guardrails
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  Speaker 6: go to die, which is what it was for like
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  Speaker 6: two years. I mean, they put a guardo up and
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  Speaker 6: it's been you know, crashed into the next week it was.
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  Speaker 6: I think eventually it just kind of gave up on it.
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  Speaker 6: But uh, I don't getting a little bit of rain
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  Speaker 6: out there, which is good, so maybe we I mean,
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  Speaker 6: right now, as I understand the governor's UH mandate, you
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  Speaker 6: can't really burn at all, like even to do a
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  Speaker 6: fire pit or something out back. Yeah, like a gas
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  Speaker 6: grill or something I think you can do, but you're
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  Speaker 6: really not supposed to burn at all right now, Like
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  Speaker 6: even to cook out some hot dogs or burgers on
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  Speaker 6: a on a regular fire in your backyard is prohibited.
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  Speaker 6: So there may be before warn to that you start
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  Speaker 6: doing that. You might have a little volunteer, uh fireman
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  Speaker 6: or the fire department show up at your place. And
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  Speaker 6: that's never fun.
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  Speaker 5: In that suff I have to I have to unfortunately
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  Speaker 5: admit and driving around in parts of uh outside of
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  Speaker 5: Charleston a little bit this weekend, it's a lot of people
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  Speaker 5: burning stuff. I was like, what is going on here?
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  Speaker 6: Yeah, gotta be real careful. Hopefully get some rain it'll
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  Speaker 6: tamp that down. But uh yeah, I glad to be Now.
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  Speaker 6: There's still a there's still if you're coming to Charleston
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  Speaker 6: from Tays Valley, they still have one lane closed in
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  Speaker 6: between the Scott Depot and the Sint Almonds interchange. It
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  Speaker 6: looks like they're just doing some maybe stabilizing the bank
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  Speaker 6: and probably gonna put a sign up or something there.
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  Speaker 6: But it's a true bottleneck. I mean it only lasts
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  Speaker 6: one hundred yards, but it's a bottleneck nonetheless. So I
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  Speaker 6: was in dead stop traffic for maybe ten minutes this morning,
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  Speaker 6: So don't plan on a smooth trip in. If you're
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  Speaker 6: coming from the Tayes Valley are you're gonna have a
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  Speaker 6: little speed bump there. But otherwise, hopefully in a couple
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  Speaker 6: of weeks we'll be all good to go. We can
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  Speaker 6: get here in twenty minutes rather than forty five minutes
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  Speaker 6: to an hour, which is what we've been dealing with
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  Speaker 6: for two years. So it's good. Another important trip up
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  Speaker 6: or down I sixty four today is you know they
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  Speaker 6: got the and I've heard you announcement there on Metro
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  Speaker 6: News this morning, but the state high school soccer tournament
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  Speaker 6: starts today, Yeah, which is good. We have the way
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  Speaker 6: that works is you just there's double A and single
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  Speaker 6: ayer in one class, and then you have triple A
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  Speaker 6: and so there's only two different classes. But as far
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  Speaker 6: as on the boy's side, we've got Woodrow Wilson made
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  Speaker 6: if they ended up beating George Washington and their regional
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  Speaker 6: I think so they made it. And they're playing Wheeling Park,
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  Speaker 6: I believe eves sometime today and and actually I did
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  Speaker 6: a little sponsoring HD media. I did some uh streaming
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  Speaker 6: broadcasts of the games, and so I sponsored that this
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  Speaker 6: year and it actually went and did the I was
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  Speaker 6: the caller man on the broadcast between GW and Hurricane,
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  Speaker 6: which was a great game. I don't and it was
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  Speaker 6: probably self evident when people were listening that I don't
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  Speaker 6: do it very often, and fellow last name Susman did
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  Speaker 6: actually the play by play. I was really impressed hop
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  Speaker 6: because you gott to go fast in soccer because there
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  Speaker 6: are no timeouts and and you don't get pauses between
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  Speaker 6: plays like you do in football to look things up.
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  Speaker 6: And he's he's really good. So I just added a
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  Speaker 6: little flavor to it. Of course I have some connections
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  Speaker 6: to Hurricane. It was a great game. It was one
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  Speaker 6: two to one by Hurricane on a bicycle kick in
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  Speaker 6: essence by Hurricane player, the goal of the year. So
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  Speaker 6: that that was fun time. But on the other side
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  Speaker 6: of the so it's a semi final and final, there's
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  Speaker 6: only four teams that make the state tournament. On the
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  Speaker 6: other side, we've got uh let's see, Martin's Berg made
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  Speaker 6: it from Eastern Panhandle and then Hurricane made so they're
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  Speaker 6: the number one seeded team. And I got some connection
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  Speaker 6: there because they have in my opinion the best coaching
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  Speaker 6: staff in the state because my friends and soccer mates
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  Speaker 6: are the coaches. Yeah you got Oh it's Braiden Collins
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  Speaker 6: and Jacob purdueing and Kent Bailey, one of my good
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  Speaker 6: friends is the head coach. And then you have the legendary,
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  Speaker 6: legendary Jim Dugustine keeps hanging on. He's there on the
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  Speaker 6: sideline as well. So a lot of people know soccer
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  Speaker 6: no coach Diugustine. So, uh, they're playing at nine thirty
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  Speaker 6: this morning. You can watch it. You can stream it.
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  Speaker 6: It's on. You have to subscribe to something National High
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  Speaker 6: School Sports app or something. It's not very expensive. It's
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  Speaker 6: like ten dollars to get on there and get a
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  Speaker 6: month subscription. So we're wishing them all the lot today.
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  Speaker 6: They're the only Canal Valley team left really on the
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  Speaker 6: boy's side, unless I mean Woodrow's kind of south of
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  Speaker 6: the Kanal Valley. So but we're wishing them well. Hope
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  Speaker 6: they do well and bring back the trophy if they
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  Speaker 6: win today. Hurricane win today. You never know when you
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  Speaker 6: play those northern teams. They did play Willing Clark at
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  Speaker 6: the beginning of the season and one but they haven't played
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  Speaker 6: Martinsburg yet, so it'll be a new look for both teams.
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  Speaker 6: Then they'll play in the finals, hopefully Saturday morning at
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  Speaker 6: nine thirty, so we'll root them on and see if
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  Speaker 6: they can bring home another trophy to to Hurricane where
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  Speaker 6: you know, I lived there and my son played there
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  Speaker 6: and so. And when I say soccer mates for the coaches,
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  Speaker 6: they play on on on my adult indoor soccer team,
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  Speaker 6: which we played last night, so they were they were
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  Speaker 6: giddy about getting up down to Widrow this morning. For
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  Speaker 6: some almost fifty years old playing with twenty something and
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  Speaker 6: thirtyth I have an oath for soccer's don't hurt yourself
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  Speaker 6: and don't hurt your team. Yeah right, I usually accomplished
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  Speaker 6: the the former, at least I don't know about the latter.
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  Speaker 6: But anyway, it's.
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  Speaker 5: A different sport, but a big game in football this weekend,
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  Speaker 5: Hurricane is hosting Martinsburg in football.
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  Speaker 6: All right, what a coincidence? Yeah, yeah, this will be
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  Speaker 6: a big win in and you know it's it's a
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  Speaker 6: weird They they redid the uh the classifications for for
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  Speaker 6: football and the which this has got to be resolved.
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  Speaker 6: But you know there's only sixteen teams in what is
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  Speaker 6: it quadruple A now, and so all of them make
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  Speaker 6: the playoffs and so you get a chance. And then
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  Speaker 6: it was, uh, I think Martinsburg is number one, of course,
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  Speaker 6: and then I think spring Mills was number two but
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  Speaker 6: got beat by Martinsburg. But then this week they had
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  Speaker 6: an ineligible player or something in four games, so they
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  Speaker 6: had to four foot four games. And of course the
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  Speaker 6: high school it is a straight formula, I believe, like
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  Speaker 6: computer type formulas, there's no real personal preference unless you're
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  Speaker 6: right right, there's.
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  Speaker 5: No ranking really, yeah, there's no like wins points that, yeah.
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  Speaker 6: That's right. So immediately when you plug in four losses,
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  Speaker 6: even though we know they're probably one of the you know,
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  Speaker 6: top three or four teams in the state, now they've
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  Speaker 6: dropped to like number ten, and so it changes the seating.
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  Speaker 6: And there's only like one game left in the regular
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  Speaker 6: so they're.
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  Speaker 5: Gonna be a tough like ten seed or nine seats, right,
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  Speaker 5: somebody to be really tough.
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  Speaker 6: It's unfortunate because you know, it won't necessarily allow the
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  Speaker 6: best teams to get down to the semi finals. But yeah,
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  Speaker 6: it's a coincidence. The Hurricane footballs and Martinsburg's coming down
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  Speaker 6: here to play, so that'll be a really interesting game.
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  Speaker 6: I think Hurricane has two losses. Maybe Huntington I think
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  Speaker 6: was their local loss, But then they traveled and played
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  Speaker 6: a game in Michigan. Yeah, yeah, Michigan, and if I recall,
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  Speaker 6: it was just a crazy high scoring game, it.
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  Speaker 5: Was it was insane. It was I forget what the
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  Speaker 5: final score was, maybe sixty three fifty six or something
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  Speaker 5: like that, course seventy.
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  Speaker 6: Sixty three something like that. Hurricane was on the short end.
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  Speaker 6: But but it'll be interesting to see how they how
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  Speaker 6: they play against Martinsburg tomorrow night. But yeah, Hurricane soccer
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  Speaker 6: versus Martinsburg this morning, and then Hurricane football against Martinsburg.
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  Speaker 6: I think you guys are broadcasting that.
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  Speaker 5: Yeah, yeah, we're We're at the home of Hurricane this year,
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  Speaker 5: so we have all their their games there.
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  Speaker 6: A good deal. We'll see. We'll root for the for
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  Speaker 6: Hurricane there to bring bring that one home as well.
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  Speaker 5: That's good stuff. But it's a it's a nice time
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  Speaker 5: of year because you still have you have soccer that's
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  Speaker 5: going on, football, of course, baseball just wrapped up from
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  Speaker 5: in most places. It's a good time of year for sports,
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  Speaker 5: There's no doubt about that. What else is going on
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  Speaker 5: once you want to talk?
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  Speaker 6: Now, we got the election that came and went. It
• 9:02
  Speaker 6: was you know, we talk a little politics here. I
• 9:04
  Speaker 6: try not to get into it too much, but you know,
• 9:08
  Speaker 6: just kind of boring for from West Virginia standpoint, it
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  Speaker 6: was most of them were a foregone conclusion. How to
• 9:12
  Speaker 6: had a tight uh Kennall County Commission race that was
• 9:16
  Speaker 6: Chris Walters and Natalie Tenant, and Miss Tenant won. And
• 9:20
  Speaker 6: I heard her talking on Metro News this morning, so
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  Speaker 6: she'll be she's quite experienced. I think she'll do a
• 9:24
  Speaker 6: really good job as a county. First female county commission.
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  Speaker 5: Wow, that was kind of interesting.
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  Speaker 6: I think that was. And you know, I was also surprised,
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  Speaker 6: UH Deborah I don't know russni okay that she won
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  Speaker 6: the prosecuting attorney.
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  Speaker 7: Uh.
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  Speaker 6: I think she's already been appointed by the County Commission.
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  Speaker 6: But but as far as winning an election, I think
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  Speaker 6: she's the first female elected prosecutor in Kannall County. So
• 9:45
  Speaker 6: that's good getting some diversity there. The only thing that
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  Speaker 6: I was kind of keen on watching was this Amendment one,
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  Speaker 6: which is the UH which is the uh, we'll call
• 9:55
  Speaker 6: it Positions Assisted Youth in Asia Constitute amendment that was proposed,
• 10:01
  Speaker 6: and I talked about that a few weeks ago, because
• 10:04
  Speaker 6: it's the way they put it on the ballot. It's
• 10:08
  Speaker 6: a it's a title and then like a one line
• 10:10
  Speaker 6: kind of summary, and it was the legislature puts that together,
• 10:14
  Speaker 6: and they don't print the entire constitutional amendment language in
• 10:18
  Speaker 6: the ballot, which they could, but they don't. And the
• 10:21
  Speaker 6: way they worded it was very confusing. I mean I
• 10:24
  Speaker 6: ran it by a couple of people and said what
• 10:25
  Speaker 6: do you think about this? And they would say ay.
• 10:27
  Speaker 6: But then when they I said, well, would you check
• 10:30
  Speaker 6: four or against to get that done? And they checked
• 10:32
  Speaker 6: the opposite of what they were telling me their preference was.
• 10:35
  Speaker 6: And it was almost like a double negative type question.
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  Speaker 6: So it doesn't really change anything in West Virginia. I
• 10:43
  Speaker 6: worry about whether this constitutional amendment will be twisted and
• 10:47
  Speaker 6: manipulated to help certain special interest groups because it's got
• 10:50
  Speaker 6: some a vague type. It's weird language for a constitutional amendment,
• 10:56
  Speaker 6: in my opinion, and there's surpl lush language that doesn't
• 11:01
  Speaker 6: need to be in it based on the the purpose
• 11:04
  Speaker 6: of the amendment, but it was a it was a
• 11:06
  Speaker 6: close one and I think it's statewide. Of course, it passed,
• 11:10
  Speaker 6: so we will have a new constitutional amendment that prohibits
• 11:16
  Speaker 6: physician assisted suicide euthanasia.
• 11:20
  Speaker 5: And the way it was word it was almost like
• 11:22
  Speaker 5: euthanasia has agency of its own and they will sneak
• 11:24
  Speaker 5: up when you you need protected.
• 11:26
  Speaker 6: And then and then the overall deal with it was
• 11:29
  Speaker 6: like you're protecting people from themselves, and it was and
• 11:31
  Speaker 6: it had something about capital punishment as if people are
• 11:35
  Speaker 6: choosing to be on the death on death row, which
• 11:39
  Speaker 6: is it should never have been put in there, but
• 11:41
  Speaker 6: it was part of the legislative process and sometimes you
• 11:43
  Speaker 6: get weird stuff out of the legislative process. And until
• 11:47
  Speaker 6: it passed, but it won't. I mean, it's not legal
• 11:49
  Speaker 6: in West Virginia right now. If you're if you're you know,
• 11:52
  Speaker 6: generally healthy or even ill, you know, a physician or
• 11:56
  Speaker 6: anyone else cannot take affirmative action to cause your death.
• 12:01
  Speaker 6: It would be some level of homicide potentially, even if
• 12:06
  Speaker 6: I mean you requested that they do it, because you
• 12:10
  Speaker 6: can't consent to that legally, so it's just a nothing thing.
• 12:14
  Speaker 6: It was probably to satisfy some special interest group and
• 12:18
  Speaker 6: waste of ink as far as I'm concerned, But it
• 12:21
  Speaker 6: passed by a fairly narrow margin for a statewide race.
• 12:23
  Speaker 6: I think like five thousand and some statistical time. Yeah,
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  Speaker 6: I mean, I wonder if you went and pulled everybody
• 12:28
  Speaker 6: that voted for it, did they get what they thought
• 12:33
  Speaker 6: they were voting for. I have concerned about that because
• 12:36
  Speaker 6: it's it's just it was just confusing, and so you
• 12:39
  Speaker 6: could think you're voting one way on this issue and
• 12:41
  Speaker 6: actually be voting the other way. And I know that's
• 12:44
  Speaker 6: true because I ran it by more than one person,
• 12:48
  Speaker 6: and some of them, more than one of them, would
• 12:52
  Speaker 6: have checked the box opposite of what they thought they
• 12:54
  Speaker 6: were voting for. So it was just kind of confusing.
• 12:57
  Speaker 6: But it's again, it's just not unless it gets listed
• 13:00
  Speaker 6: and stretched perhaps by, for example, pro life special interest groups,
• 13:07
  Speaker 6: because they could somehow perhaps twist this language into abortion
• 13:13
  Speaker 6: falling into this definition of euthanasia or something. So we'll
• 13:18
  Speaker 6: see if that gets any traction. I hope it doesn't,
• 13:20
  Speaker 6: because that certainly wasn't something that was conveyed to as
• 13:24
  Speaker 6: a public for the voters. But you know, you know,
• 13:28
  Speaker 6: a lawyer, you think about well, what's why are they
• 13:30
  Speaker 6: doing this? They're not there's something behind it, because it's
• 13:33
  Speaker 6: not necessary. It doesn't really change anything. It now makes
• 13:36
  Speaker 6: it impractical, almost impossible. If something advances in science and
• 13:43
  Speaker 6: they want to allow some kind of physician assisted euthanasia
• 13:48
  Speaker 6: in very very limited circumstances, which is what some states
• 13:51
  Speaker 6: have permitted, it's basically going to be impossible now in
• 13:54
  Speaker 6: West Virginia with this constitutional amendment. And like I said,
• 13:57
  Speaker 6: you know, I just see so many clients because we
• 14:00
  Speaker 6: do a lot of a state planning and we do
• 14:01
  Speaker 6: living wills or what's called an advanced directive, so and
• 14:05
  Speaker 6: those are still exempted under the amendment, I believe. So
• 14:08
  Speaker 6: you know, if you get in a particular situation, you
• 14:11
  Speaker 6: can direct in advance before you get in that situation, Hey,
• 14:15
  Speaker 6: don't leave me on an artificial breathing machine. But there's
• 14:19
  Speaker 6: there's very particular parameters that have to be met. And
• 14:22
  Speaker 6: of course that's not a doctor doing anything affirmatively to
• 14:25
  Speaker 6: bring on somebody passing away early. It's just not continuing
• 14:32
  Speaker 6: an artificial breathing machine in the way that those are
• 14:34
  Speaker 6: generally worded. It's it's debatable whether you're really technically alive
• 14:39
  Speaker 6: at that point or not because it involves some analysis
• 14:42
  Speaker 6: of brain function and it has to be very limited
• 14:43
  Speaker 6: and no chance of recovery and that kind of thing.
• 14:46
  Speaker 6: But almost universally all my clients want that document or
• 14:49
  Speaker 6: want that language in their medical power of attorney, and
• 14:52
  Speaker 6: frankly a lot of them want more than that. They
• 14:54
  Speaker 6: want to be able to choose, like I know, if
• 14:56
  Speaker 6: I've got answer at this point, I want to be
• 14:58
  Speaker 6: able to. I want to which you know, lawyers don't
• 15:02
  Speaker 6: do do not resuscitate orders. That's done through medical staff
• 15:05
  Speaker 6: under certain situations, not through our office. And so I
• 15:10
  Speaker 6: tend what I see from my clients is that I
• 15:15
  Speaker 6: really think that if they understood this amendment out what
• 15:20
  Speaker 6: it would actually do, they probably would have voted against it.
• 15:23
  Speaker 6: But you know, it's just in the Nitro area here,
• 15:25
  Speaker 6: the or the Kanaal Valley and the Tristate area. The
• 15:28
  Speaker 6: people I deal with, which is quite a few on
• 15:31
  Speaker 6: that issue, I was kind of surprised that it people
• 15:34
  Speaker 6: would vote for that amendment. But again I'm not confident
• 15:37
  Speaker 6: they all when it's so close like that, did they
• 15:40
  Speaker 6: really want that amendment to go in place if they
• 15:43
  Speaker 6: understood it correctly and you're you know, me talking about
• 15:46
  Speaker 6: on the radio, and the Metronews has had some some
• 15:48
  Speaker 6: articles on it, Brad has put some articles out there,
• 15:50
  Speaker 6: but you know, people being busy, and it may have
• 15:53
  Speaker 6: been the first time they heard of it or even
• 15:55
  Speaker 6: tried to read it when they went to the polls
• 15:57
  Speaker 6: to vote, because it didn't get any coverage until maybe
• 16:00
  Speaker 6: thirty days or so leading up to the elections. So
• 16:02
  Speaker 6: you're just kind of reading it off the cuff, trying
• 16:04
  Speaker 6: to figure this out while you're trying to vote and
• 16:06
  Speaker 6: probably get back to work or your other business.
• 16:08
  Speaker 5: You know, you're thinking about. Special interest is an interesting
• 16:09
  Speaker 5: observation because being privy to the Metro News text line,
• 16:15
  Speaker 5: actually I created it. It's my account that we use
• 16:17
  Speaker 5: it for all of our We use it for all
• 16:19
  Speaker 5: of our shows here, so I get shows. I get
• 16:21
  Speaker 5: the text from every show, including Hoppy Show and everything else.
• 16:24
  Speaker 5: And occasionally, you know, I'll go through and read, you know,
• 16:26
  Speaker 5: what people were talking about or whatever, tons of out
• 16:28
  Speaker 5: of state numbers that would that would be texting Hoppy
• 16:32
  Speaker 5: about that amendment and being for it that you know,
• 16:35
  Speaker 5: you've got to protect people, et cetera, etcetera. People, Now
• 16:38
  Speaker 5: you don't have to be from West Virginia to have
• 16:39
  Speaker 5: a West Virgia number. So I mean it is possible,
• 16:41
  Speaker 5: but in an unordinate amount of area codes in aren't
• 16:45
  Speaker 5: six eight one or three zero four?
• 16:46
  Speaker 6: Yeah, somebody about they're getting paid or volunteer petal interest
• 16:50
  Speaker 6: groups to push.
• 16:51
  Speaker 5: That, to gin up the talk about it.
• 16:54
  Speaker 6: Basically that's right, and so it's you know why, and
• 16:56
  Speaker 6: so you know it is even on its face, it's
• 16:59
  Speaker 6: protecting people from themselves because it's it's the situation would be,
• 17:04
  Speaker 6: for example, you have terminal cancer, you have no quality
• 17:08
  Speaker 6: of life, you know within you know, doctors are telling
• 17:12
  Speaker 6: you got so many weeks or months to go? Would
• 17:17
  Speaker 6: you want to be able to tell your doctor if
• 17:19
  Speaker 6: you meet some very limited circumstances, probably even more limited
• 17:22
  Speaker 6: than what I just recited, would you be able to
• 17:24
  Speaker 6: tell your doctor, Hey, can you just in this in
• 17:28
  Speaker 6: a humane, pain free quick way. I think a lot
• 17:35
  Speaker 6: of people would, you know what, So we're protecting people
• 17:38
  Speaker 6: from that situation. I mean, that's what this amendment tries
• 17:41
  Speaker 6: to do. And it just seems counterintuitive to.
• 17:44
  Speaker 5: In stace where it's legal, they have to have full agency,
• 17:46
  Speaker 5: you have to go through legal process to show that
• 17:48
  Speaker 5: you have full agency to make the decision. I mean,
• 17:49
  Speaker 5: at that point, you're just protecting them from them. I mean,
• 17:51
  Speaker 5: that's they're making a conscious decision.
• 17:53
  Speaker 6: All right. I also think it's odd and it's it's
• 17:55
  Speaker 6: a bit hypocritical that something like that, we're voting an
• 18:01
  Speaker 6: amendment out for a referendum. But so the legislature apparently,
• 18:04
  Speaker 6: for some reason, found it appropriate to let the general
• 18:08
  Speaker 6: pope the voters vote on that issue, but they won't
• 18:10
  Speaker 6: put the what I think is a more significant and
• 18:14
  Speaker 6: certainly more socially controversial issue, the abortion issue, on the ballot,
• 18:21
  Speaker 6: which of course we saw a lot of states do,
• 18:23
  Speaker 6: and that was an interesting kind of fallout throughout the
• 18:27
  Speaker 6: country because I think we had like ten states with
• 18:31
  Speaker 6: referendums about pro choice versus pro life.
• 18:35
  Speaker 5: It means something that it wins, even in states were
• 18:37
  Speaker 5: Trump one.
• 18:37
  Speaker 6: Well that's where I was going, because it's very interesting
• 18:40
  Speaker 6: that I think seven out of ten of those states
• 18:42
  Speaker 6: kind of passed the pro choice type constitutional amendments or legislation,
• 18:48
  Speaker 6: and some of those rewarded weird too, like Nebraska had
• 18:49
  Speaker 6: an odd one. You voted for A or B, and
• 18:53
  Speaker 6: it was confusing. But I think it went more towards
• 18:57
  Speaker 6: the pro life well, it preserved the right to abortion
• 19:00
  Speaker 6: up to a certain point, so that it was kind
• 19:04
  Speaker 6: of a split one there. But it's very interesting that
• 19:09
  Speaker 6: that kind of social issue, most of the people voted
• 19:14
  Speaker 6: on the kind of the pro choice side, which is
• 19:17
  Speaker 6: quote the liberal side. But then those same states, not
• 19:22
  Speaker 6: all of them, but a good many of them still
• 19:23
  Speaker 6: voted the majority in favor of Donald Trump and the
• 19:28
  Speaker 6: more conservative type candidates. And I think that's what you know,
• 19:35
  Speaker 6: we see the Actually the presidential election kind of went
• 19:37
  Speaker 6: like I'd been predicting for months on end because I
• 19:41
  Speaker 6: thought Joe Biden should have not run for a second term,
• 19:44
  Speaker 6: or when they did some initial polling and realized that
• 19:47
  Speaker 6: he's going to just get hammered because of his age
• 19:50
  Speaker 6: and communication skills are like thereof I don't know that
• 19:54
  Speaker 6: it was his policies as much, but he should have
• 19:57
  Speaker 6: bailed out and let somebody else go through the primary process,
• 20:01
  Speaker 6: because although you can get hammered in the primary process,
• 20:04
  Speaker 6: you also get your name out there and it's a
• 20:05
  Speaker 6: it's a vetting process. I mean, I didn't like it
• 20:07
  Speaker 6: that I didn't think. I mean, I'm a registered Democrat
• 20:11
  Speaker 6: and I vote for a lot of Republicans, but you know,
• 20:15
  Speaker 6: when they picked Conla Harris kind of like automatically, I
• 20:17
  Speaker 6: thought that was a really bad thing to do. Nobody
• 20:20
  Speaker 6: really voted for I mean, I guess ostensibly sort of
• 20:24
  Speaker 6: if you if you Biden God, he was going to
• 20:26
  Speaker 6: keep her as vice president and if he wasn't president
• 20:28
  Speaker 6: anymore for any reason, she would have to sub in.
• 20:30
  Speaker 6: So she sort of was nominated in that aroundabout way.
• 20:35
  Speaker 5: But it was a real reach because that argument was
• 20:37
  Speaker 5: being made a lot like, well, you did vote for
• 20:39
  Speaker 5: her because you know, you voted for the primary ticket
• 20:41
  Speaker 5: the first time around or whatever it might be, or
• 20:43
  Speaker 5: the second time around when you knew she was be whitespread,
• 20:45
  Speaker 5: but there was no competition there.
• 20:47
  Speaker 6: It's not uncommon reach with anybody in power or has
• 20:52
  Speaker 6: a lot of money, but they tend to be surrounded
• 20:54
  Speaker 6: by folks that are what I call sickophants or people
• 20:57
  Speaker 6: that rely on that. I mean it's traation for their
• 21:00
  Speaker 6: jobs and their livelihood. So they have interests in Uh,
• 21:04
  Speaker 6: you get kind of a lot of yes men, I think,
• 21:06
  Speaker 6: and I think that's what and nobody wants to say
• 21:08
  Speaker 6: there have health issues or age issues that keep them
• 21:13
  Speaker 6: from doing the job they've done, essentially Joe Biden for
• 21:16
  Speaker 6: most of his life in politics, and so that's certainly
• 21:19
  Speaker 6: a hard pill to swallow. But at the same time,
• 21:21
  Speaker 6: if you have people giving you real advice and information
• 21:25
  Speaker 6: and not kind of given you what you want to hear,
• 21:29
  Speaker 6: then you know, I think that he should have probably
• 21:31
  Speaker 6: well now looking back, obviously he definitely should have declared
• 21:35
  Speaker 6: that he was not running long before he did, and
• 21:37
  Speaker 6: he really put the Democrats in a bind. I But
• 21:41
  Speaker 6: and the Democrats, I think, you know, a lot of
• 21:45
  Speaker 6: it is metropolitan voters and cities, and they just have
• 21:49
  Speaker 6: a different perspective on a lot of these social issues
• 21:53
  Speaker 6: that you know, they they and it's not necessarily my
• 21:58
  Speaker 6: priority for sure, but you know, generally we can see
• 22:02
  Speaker 6: across the country a lot of these social issues, even
• 22:05
  Speaker 6: the biggest one from a social standpoint, like the abortion issue,
• 22:10
  Speaker 6: well those are viewed as and then you've got the
• 22:15
  Speaker 6: transgender issue that was blown up. And yes, you know,
• 22:18
  Speaker 6: you want to be fair to everybody if you can.
• 22:20
  Speaker 6: Sometimes you can't be fair to everybody. It's impossible to
• 22:23
  Speaker 6: legislate that. But those are clearly, as we see, those
• 22:27
  Speaker 6: are side issues to things like the economy and right
• 22:31
  Speaker 6: or wrong. I mean, I don't know that that's right,
• 22:34
  Speaker 6: but it bears out because of what we just talked
• 22:37
  Speaker 6: about those states where they passed amendments to constitutions that
• 22:42
  Speaker 6: preserve pro choice causes, but at the same time they'll
• 22:48
  Speaker 6: vote conservatively or for Donald Trump, for example, And the
• 22:52
  Speaker 6: actual election shows to me that those social issues, yes,
• 22:58
  Speaker 6: people probably would be on the side of the Democrats
• 23:00
  Speaker 6: for the most part, not always. I mean if you
• 23:03
  Speaker 6: get down to the actual facts and not a bunch
• 23:04
  Speaker 6: of propaganda and rhetoric about what the legislation really is
• 23:07
  Speaker 6: on on transgender things, for example. But because when you
• 23:11
  Speaker 6: set those issues aside, seven out of ten voted for
• 23:15
  Speaker 6: the more pro choice thing, but they still voted the
• 23:18
  Speaker 6: other way on the president because I think the economy
• 23:21
  Speaker 6: is the is the driver, and I thought maybe it
• 23:26
  Speaker 6: would be overcome by I can't. I couldn't vote for
• 23:30
  Speaker 6: President Trump just because I couldn't. It would be hard
• 23:32
  Speaker 6: for me to live with myself just based on what
• 23:34
  Speaker 6: he says and does and not necessarily policies, but when
• 23:37
  Speaker 6: he says he's going to be a dictator and and
• 23:40
  Speaker 6: you know, attacking the press and targeting enemies as a
• 23:44
  Speaker 6: as a government actor, just saying it expressly, and the
• 23:46
  Speaker 6: words and language he uses, I mean, I wouldn't. I'm
• 23:49
  Speaker 6: not obviously anywhere near running for president or hopefully any
• 23:52
  Speaker 6: political office, but even in like board meetings and things,
• 23:54
  Speaker 6: I wouldn't use the type of language that he uses.
• 23:57
  Speaker 6: It's it's crass and it's in I see it as
• 24:00
  Speaker 6: bullying because when you make fun of people about things
• 24:04
  Speaker 6: they can't control about their life, you know, people that
• 24:07
  Speaker 6: have money or power always have the ability to do that,
• 24:09
  Speaker 6: and I think that's really despicable to be a bully
• 24:13
  Speaker 6: when you have that kind of opportunity to do it.
• 24:16
  Speaker 6: And with what I do and my my law practice,
• 24:19
  Speaker 6: I mean, I view myself generally as fighting back against
• 24:23
  Speaker 6: bullies people that have more money and more power, and
• 24:25
  Speaker 6: I represent the other ones, and then so I'm the
• 24:28
  Speaker 6: bully to fight the bully. And so I just couldn't not.
• 24:30
  Speaker 6: I didn't like Kamala Harris particularly well either, and didn't
• 24:34
  Speaker 6: think she's a very good candidate, but I couldn't. I
• 24:37
  Speaker 6: couldn't vote for President Trump. But it wouldn't matter in
• 24:40
  Speaker 6: our state anyway.
• 24:41
  Speaker 5: Yeah, I take a break. Yeah, let's go and take
• 24:43
  Speaker 5: a break. Let's take a break. You can give us
• 24:44
  Speaker 5: a call this morning if you missed the beginning of
• 24:45
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• 24:55
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• 24:57
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• 24:59
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• 25:12
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• 25:14
  Speaker 8: If you've been injured in a car accident, the Peyton
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  Speaker 6: And you send us an email there if you want.
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  Speaker 6: It's we try and return all our calls promptly. Sometimes
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  Speaker 6: you might take a couple of calls if we overlook one,
• 27:29
  Speaker 6: but uh and we'd ever charge anybody for an initial
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  Speaker 6: email response. Those emails come write to me and to Dad.
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  Speaker 6: They don't go to some can service and uh, if
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  Speaker 6: you don't get a response, to prompt us with another email,
• 27:39
  Speaker 6: sometimes they get kicked into the spam folder or something.
• 27:42
  Speaker 6: But yeah, you know, most of what we do, or
• 27:45
  Speaker 6: a lot of what we do, I guess, is trial work,
• 27:48
  Speaker 6: mostly for folks that have been hurt in some way
• 27:50
  Speaker 6: or have a dispute with an insurance company, and we
• 27:54
  Speaker 6: do well with those. And those are always contingency fee,
• 27:56
  Speaker 6: uh you know, meaning you don't pay us unless we
• 28:00
  Speaker 6: win the claim on your behalf. So when you hear
• 28:02
  Speaker 6: lawyers say that on their commercials, that's the way every
• 28:05
  Speaker 6: lawyer does it on those type you know cases. But
• 28:09
  Speaker 6: we also, because we're you know, we work our office
• 28:13
  Speaker 6: in the suburbs, we'd kind of like to help people
• 28:15
  Speaker 6: if we can. So everyday questions like basic a state planning,
• 28:18
  Speaker 6: real estate stuff you just deal with on an everyday basis.
• 28:23
  Speaker 6: Or you might need some help wan or advice, at
• 28:27
  Speaker 6: least initially, you can email us or call us, and
• 28:30
  Speaker 6: you know, we we make a call or send an
• 28:32
  Speaker 6: email or two and a lot of times that's all
• 28:35
  Speaker 6: folks need, and we don't start the ticker running, and
• 28:38
  Speaker 6: we do have an hourly rate if you actually retain us,
• 28:40
  Speaker 6: but we will have a conversation about that before that happens.
• 28:43
  Speaker 6: So if you're thinking about some legal issue you're dealing
• 28:46
  Speaker 6: with and you don't know the answer, you're in a
• 28:48
  Speaker 6: gray area. I'm not used to being in that gray
• 28:51
  Speaker 6: area because I've been a lawyer for twenty some years.
• 28:53
  Speaker 6: But you know it doesn't hurt. Don't hesitate to send
• 28:58
  Speaker 6: us an email or give us a call, because we've
• 29:00
  Speaker 6: handled an awful lot of folks every day problems and
• 29:02
  Speaker 6: usually we can give you information that one call or
• 29:05
  Speaker 6: a couple of emails and get you straightened out and
• 29:07
  Speaker 6: you don't need to hire a lawyer. And if there's
• 29:09
  Speaker 6: some issue it's more complicated and you need to hire us,
• 29:11
  Speaker 6: then we'll have a conversation at that point. So you
• 29:13
  Speaker 6: get a in essence of free consultation with our office
• 29:17
  Speaker 6: no matter what your issue is. And if it's something
• 29:20
  Speaker 6: we don't handle, there are some areas of the law
• 29:21
  Speaker 6: we just don't get into. Well, we've been around long enough.
• 29:24
  Speaker 6: We can generally give you a name or two of
• 29:26
  Speaker 6: some lawyers that do handle that type of issue. But
• 29:29
  Speaker 6: we do injury work and insurance fighting against insurance companies
• 29:33
  Speaker 6: all across the state. It depends on an in Ohio
• 29:35
  Speaker 6: as well. I'm licensed in Ohio, so we do. We
• 29:37
  Speaker 6: have a couple of cases pending in Ohio right now
• 29:40
  Speaker 6: injury type cases, automobile accidents, a lot of that type
• 29:43
  Speaker 6: of work. But that and I both have had a
• 29:45
  Speaker 6: lot of success in trials with that type of type
• 29:50
  Speaker 6: of case. It's hard to say you win them all
• 29:52
  Speaker 6: because there's a lot of gray area and trials and
• 29:54
  Speaker 6: how the jury comes out, but we've done quite well
• 29:57
  Speaker 6: with those. And when you come to our office, you
• 29:59
  Speaker 6: get particular at ten, which is if you hire the
• 30:02
  Speaker 6: biggest law firm in the world, I think it's hard
• 30:04
  Speaker 6: to believe that you wouldn't you would get the type
• 30:07
  Speaker 6: of particular attention that that we provide and them we're
• 30:10
  Speaker 6: good at what we do. So all we ask is,
• 30:13
  Speaker 6: you know, if you get a friend or family member,
• 30:15
  Speaker 6: or if yourself is hurt or hopefully not, but somebody
• 30:18
  Speaker 6: gets killed in an automible extent or a trucking accident,
• 30:21
  Speaker 6: or any other dispute with an insurance carrier, for example,
• 30:24
  Speaker 6: then consider us and give us a call. I don't
• 30:27
  Speaker 6: think you'll be disappointed. Not every case turns out. We
• 30:30
  Speaker 6: try and help people if we can. Can't take every case,
• 30:33
  Speaker 6: but you'll get honest advice, and you'll get a lot
• 30:37
  Speaker 6: of hard work and preparation, and normally results are good
• 30:41
  Speaker 6: because of that.
• 30:42
  Speaker 5: What would a client if somebody was in a situation
• 30:45
  Speaker 5: where they were dealing with an insurance company after an
• 30:48
  Speaker 5: injury of some kind, is it a good idea to
• 30:51
  Speaker 5: seek counsel right away to make sure you're protected or
• 30:53
  Speaker 5: are there red flags that would let you know that
• 30:54
  Speaker 5: maybe you're not being handled into the best of faith.
• 30:56
  Speaker 6: Yeah. First of all, when you call a lawyer, you know,
• 30:59
  Speaker 6: even or at least to our firm, if you email
• 31:01
  Speaker 6: us or call, it's completely confidential whether you hire us
• 31:03
  Speaker 6: or not. So it's nobody's business you're calling us. We
• 31:05
  Speaker 6: don't tell anybody else you've called us. So, Uh, if
• 31:09
  Speaker 6: you're hesitant, you know, I don't want to be one
• 31:10
  Speaker 6: of those people. I hear that a lot that files
• 31:12
  Speaker 6: a lawsuit or something, we're calling a lawyer at the beginning.
• 31:14
  Speaker 6: One nobody will know about it, uh, but us, and
• 31:18
  Speaker 6: and and two it's not filing a lawsuit, you're a
• 31:21
  Speaker 6: long way from a lawsuit, even when you hire a
• 31:22
  Speaker 6: lawyer initially normally on an automobile accident issue, for example,
• 31:26
  Speaker 6: But it's good to if I wasn't an attorney and
• 31:31
  Speaker 6: I'd been in an accident, and you know, if it's
• 31:33
  Speaker 6: about for bender and you just got a little property
• 31:34
  Speaker 6: damage's probably not a whole lot you need a lawyer for.
• 31:37
  Speaker 6: But if you've been injured in any way and you you,
• 31:39
  Speaker 6: you know, you got things. Who's going to pay for
• 31:41
  Speaker 6: my medical bills? What about health insurance? What do I
• 31:43
  Speaker 6: have my options on my automobile? Why isn't the person
• 31:46
  Speaker 6: who rear ended me paying all these bills? You know? Uh?
• 31:50
  Speaker 6: Or preserving evidence and kind of some basic guidelines to
• 31:54
  Speaker 6: how a claim goes. I think it's a good idea
• 31:56
  Speaker 6: to contact us pretty much as soon as possible. Doesn't
• 32:01
  Speaker 6: mean we're gonna end up representing you, but we can
• 32:03
  Speaker 6: kind of give you the lay of the land, and
• 32:05
  Speaker 6: then if if your injury turns out to be chronic
• 32:10
  Speaker 6: or you need to go to the doctor multiple times
• 32:12
  Speaker 6: and have significant or serious health issues, then it's something
• 32:16
  Speaker 6: we can ultimately help you on. You can always come
• 32:18
  Speaker 6: back and call us, but it is you know, you
• 32:20
  Speaker 6: got to be a little careful because the person the
• 32:23
  Speaker 6: insurance adjuster for the person that caused the accident, for example,
• 32:26
  Speaker 6: let's assume it with somebody else's fault me. They're not
• 32:28
  Speaker 6: on your side. They have some rules and regulations by
• 32:33
  Speaker 6: the Western Insurance Commissioner's Office and some statutes that regulate
• 32:37
  Speaker 6: their conduct, but you can't sue them for their bad behavior,
• 32:40
  Speaker 6: and so they don't have a whole lot of duties
• 32:44
  Speaker 6: to be you know, quote fair with you necessarily or
• 32:49
  Speaker 6: or treat you well. And so when they fail to
• 32:51
  Speaker 6: communicate or their mean to you or something like that,
• 32:55
  Speaker 6: that's just there's not a whole lot you can you
• 32:57
  Speaker 6: can do about that. But you've got to be careful
• 32:59
  Speaker 6: because they're not on your side. They get paid a
• 33:00
  Speaker 6: lot of money to investigate, you know, often adopt you know,
• 33:04
  Speaker 6: if the person you think cause the accident gives a
• 33:06
  Speaker 6: statement that claims it's your fault, oftentimes what I'm seeing
• 33:09
  Speaker 6: is their insurance company will just adopt that position, even
• 33:12
  Speaker 6: if it's not supported by any objective evidence. And so
• 33:15
  Speaker 6: you've got to be real careful talking to the adjuster
• 33:18
  Speaker 6: on the other side about what you say with your injury.
• 33:21
  Speaker 6: You know, they'll record your conversations, well, how are you
• 33:25
  Speaker 6: doing physically? Well, how's your health? Will I'm fine? Well
• 33:28
  Speaker 6: maybe what does that mean? I mean that means that
• 33:30
  Speaker 6: you got a little twinge in your back, but maybe
• 33:32
  Speaker 6: it doesn't go away weeks later, or maybe it gets worse.
• 33:36
  Speaker 6: But they've got a recording you saying you're just fine,
• 33:38
  Speaker 6: So we can get around that type of evidence against you,
• 33:45
  Speaker 6: because we do all the time. But you just that's
• 33:46
  Speaker 6: an example of where you don't want to live your
• 33:51
  Speaker 6: life for a lawsuit and then but at the same time,
• 33:54
  Speaker 6: you got to be careful because right after accents you
• 33:58
  Speaker 6: don't really I mean, if you get broken bones and
• 34:01
  Speaker 6: things like that right at the scene, it's different. But
• 34:03
  Speaker 6: a lot of times people will end up with chronic
• 34:05
  Speaker 6: injuries not realizing that they had them at the time.
• 34:08
  Speaker 6: It's just like if you go work in the garden
• 34:10
  Speaker 6: and work in the lawn, or go do weightlifting for
• 34:12
  Speaker 6: the first time in a long time, you're usually not
• 34:14
  Speaker 6: sore that day. You know, you get sore the next
• 34:18
  Speaker 6: day or sometimes even worse two days later, and so
• 34:21
  Speaker 6: you don't really know at the beginning. And even if
• 34:24
  Speaker 6: it wasn't a high speed impact, the weight and the
• 34:27
  Speaker 6: inertia of motor vehicles can really shift things in your
• 34:31
  Speaker 6: body that you don't comprehend at the beginning. So you
• 34:35
  Speaker 6: just got to be a little careful when you're talking
• 34:37
  Speaker 6: to the other person's insurance company because they're not really
• 34:40
  Speaker 6: on your side at all. It's different when you're dealing
• 34:42
  Speaker 6: with your own insurance company. There's some different laws and
• 34:44
  Speaker 6: regulations that really help you out and modify their behavior.
• 34:48
  Speaker 6: But when you're dealing with somebody else's insurance company, you
• 34:50
  Speaker 6: really got to be careful. So back to your question,
• 34:52
  Speaker 6: a call or an email right off the bat, just
• 34:55
  Speaker 6: to get kind of the lay of the land doesn't hurt.
• 34:57
  Speaker 6: And again, we don't charge anything for that, and if
• 34:59
  Speaker 6: it looks like it's something we can represent you on,
• 35:02
  Speaker 6: then we do. And those are always contingency fees. So
• 35:04
  Speaker 6: it's kind of a no lose situation. And I can't
• 35:06
  Speaker 6: say that no lawyer can guarantee you'll do better with
• 35:10
  Speaker 6: a lawyer than without, but I can. I mean, it's
• 35:12
  Speaker 6: about as close as a guarantee with our office that
• 35:14
  Speaker 6: we'll get a better recovery for you. Plus you have
• 35:17
  Speaker 6: somebody on your side that knows the lay of the land.
• 35:19
  Speaker 6: So when you have questions, you're not in some gray air.
• 35:21
  Speaker 6: You can call us and we can tell you, no,
• 35:22
  Speaker 6: that's not how it works. This is how it works.
• 35:24
  Speaker 6: Because I've definitely had a lot of claims over the
• 35:26
  Speaker 6: years where in another person's insurance adjuster has claimed this
• 35:29
  Speaker 6: is how it works, and then the client calls me,
• 35:32
  Speaker 6: that's not how it works, and they're misconstruing this and
• 35:34
  Speaker 6: they're telling you things that aren't true, and then we
• 35:38
  Speaker 6: step in and get a much better result in the end.
• 35:40
  Speaker 5: And really help having somebody on your side, they'll help
• 35:42
  Speaker 5: you keep from losing the thread of what's going on.
• 35:45
  Speaker 5: I think what happens with a lot of people, so
• 35:47
  Speaker 5: much information they're dealing with, they're trying to follow up
• 35:49
  Speaker 5: on this and that and everything else, and before they
• 35:51
  Speaker 5: know it, they're already down the path somewhere where they're
• 35:53
  Speaker 5: going to get a diminished return or they're going to
• 35:54
  Speaker 5: be in some sort of trouble and they don't know
• 35:56
  Speaker 5: where it all went wrong. You know, at some point
• 35:58
  Speaker 5: in time they had to advocate from themselves an didn't
• 36:00
  Speaker 5: know that.
• 36:00
  Speaker 6: Yeah, and the way that just for a comfortability standpoint,
• 36:03
  Speaker 6: even if you'd broke even hiring a lawyer, you know,
• 36:07
  Speaker 6: you you have somebody there on your side that can
• 36:10
  Speaker 6: answer all your questions. And the way it works, once
• 36:13
  Speaker 6: we step in and officially represent you, we send a
• 36:15
  Speaker 6: letter to the insurance company. They are prohibited from contacting
• 36:17
  Speaker 6: you directly, so you just deal with our office, which
• 36:21
  Speaker 6: I think our staff's pretty good to deal with most
• 36:23
  Speaker 6: of the time. And and so you know, you answer
• 36:26
  Speaker 6: our questions, give us information, but you don't have to
• 36:28
  Speaker 6: have any interaction with the oppositions insurance company, for example,
• 36:33
  Speaker 6: So you don't have to worry about that. I tell
• 36:35
  Speaker 6: my clients, you know, let us worry about that. You
• 36:37
  Speaker 6: worry about getting to the doctor and trying to get
• 36:39
  Speaker 6: better and getting healed up so you can go back
• 36:41
  Speaker 6: to work and get your health back together. And if
• 36:43
  Speaker 6: you need help coordinating your benefits health insurance, auto insurance,
• 36:47
  Speaker 6: the other person's auto insurance, then we'll help you, you know,
• 36:50
  Speaker 6: process those claims to make sure your bills are paid,
• 36:53
  Speaker 6: and and there's some other things we can do along
• 36:56
  Speaker 6: the way, but we end up dealing with the insurance companies,
• 36:58
  Speaker 6: so you don't have to hassle with that. You deal
• 37:00
  Speaker 6: with your friends at the at the Peyton Law Firm.
• 37:02
  Speaker 5: Speaking of the Peyton Law Firm. Just a few seconds left,
• 37:04
  Speaker 5: so we'll make sure you know Peyton Lawfirm dot com.
• 37:06
  Speaker 5: That's Peyton Lawfirm dot com and Nitro West Virginia three
• 37:08
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• 37:11
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• 37:13
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• 37:15
  Speaker 5: tom Thank you so much, were a time this week.
• 37:17
  Speaker 6: Very welcome, twenty five, twenty six years going. Hopefully we'll
• 37:19
  Speaker 6: get a few more.
• 37:19
  Speaker 5: Peyton Lawfirm dot com. Have a good morning everyone.
• 37:23
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• 37:26
  Speaker 2: W two and three a Q Cross Lanes at WVRC
• 37:28
  Speaker 2: Media Station. We're proud to live here too,