Latest / Ask the Lawyer / 11/30/2023 Ask the Lawyer with Harvey Peyton

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11/30/2023 Ask the Lawyer with Harvey Peyton · Ask the Lawyer

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Put the power of Paton on your side, the power of paying. It's
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a twenty two in this This is five eighty WCCHS the Voice of Charleston.
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Good Thursday morning to you Jeff Jenkins and Harvey Peyton of the Peyton Law Firm
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in Nitro. And the line is open any calls about the law. Harvey
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can answer those three oh four three four five fifty eight fifty eight. Three
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oh four three four five fifty eight fifty eight. Good morning sir, Good
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morning, Jeff. It was a beautiful Putnam County morning this morning down in
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Taye Valley and coming up through the bridge project there on I sixty four.
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We're moving closer and closer to completion here. I think in probably a month
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it'll be a straight shot. You'll lose that lane change because they had to
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rebuild the approach bridges on the Nitro side right. They built a new approach
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bridge which is what you drive on now go on westbound, and then the
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old two approach bridges they tore down one. They're rebuilding it once it's ready,
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then they'll put traffic on that near the other old approach bridge down it
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you know, looks like it's online. They say they're going to be finished
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next fall, and we look forward to it. More signs of growth in
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Putnam County and in Mason County. You know, we've got I talked day
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before yesterday to a client of mine who's also the sign of a long time
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and really good client of mine, who unfortunately he is a car bighter and
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you know, music, Thelioma's just a gift that keeps on giving after like
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thirty years out of the plant, and he's unfortunately lot with us. But
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he did invest in some real estate down in Mason County bought a farm from
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some cousins of mine, the Stanleys, just south of the Shade Farm.
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And apparently the interest is keen in that real estate, and for decades the
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interest in the real estate really beautiful farmland from like well Beech Hill all the
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way down to the mouth of the Kanaar River. It was mostly big time
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grain farmers from over to Ohio. They would lease the land grow soybeans mostly.
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And are you talking to Fraser's Buham side or the other side on the
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Round thirty five five side, Yeah, yeah, yeah, there's some farming
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on the other side. Like oh, Tom Wiimson has a big farm spend
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in his family since eighteen eighty nine, seventeen eighty nine, his great great
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time it's like seven times great grandfathers was with George Washington Valley Forge. If
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he's going to sign on the front of his bars, his heritage farm's got
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a little the history and it's part of a land grant. They still have
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a couple thousand acres left and they do a lot of farming. But the
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big farming, you know with these boys from over in Ohio is on the
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like the south west side of the River, gorgeous, gorgeous drive if you
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don't have anything to do and you're you know, you're living a little scenic
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pastime and you're going towards Point Pleasant, or if you're going to Columbus or
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Cincinnata and you go down thirty five to Jackson, get off there at the
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Buffalo Bridge at Plinny and just take what's now called eight seventeen down to to
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Henderson and go across the Silver Bridge right there. I mean, there's no
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truck traffic now, and it's just a gorngeous drive. I did it hundreds
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of times when I was a little kid, because like my paternal grandmother was
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born down there on sixteen Occer. He's one of thirteen kids. And so
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I've got sittill cousins, remote cousins and people that I'm close to down in
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Mason County, which reminds me. I noticed on your events sheet that lays
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here on the table. I guess this Saturday, which is December the second,
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at the Clay Center, there is going to be a Sounds of Christmas
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concert, Right, that's a good thing. Western is Selphony seven point thirty.
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I don't know what the ticket sales are like but I'll tell you if
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you live in if you're in Putnam or Mason County or Jackson, there is
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a place in Galapolis, Ohio, which is right across the river. There.
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When you get off the Silver Bridge, you take a left and takes
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you right down on gal Police. First of all, they had one of
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the great light shows that I've ever seen. I think it would probably rival
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what's over here at Gilmart Park, although that certainly is a fantastic show here
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at Charleston. And there's an old opera house, the Aerial Opera House,
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that was rebuilt and reconditioned by the citizens of volunteers in gal Police maybe fifteen
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twenty years ago. They got a bequest from another citizen to help endow the
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operations. And they host the Ohio Valley Symphony Orchestra the OVS, which is
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really good. It's like a forty five p they're professional musicians, they're just
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like the people that play in fact, some of them play in the Charleston
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Symphony Orchestra. Larry Griss's wife plays in the High Valley Symphony Orchestra. And
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their Christmas show is Saturday night as well, so you can if you want
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a little experience. Leave before dark, drive down thirty five eight seventeen,
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beautiful scenery, get over there to gall Police in time to see the light
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show, walk around the square and if you can get a ticket going into
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the Christmas show. We're going down. There's me and Jen and oh my
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daughter's son in law and I think both of her kids. And then we've
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got I got some extra tickets, but I'm going to hang on to them
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in case anybody else decides. It's a really great, great place, great
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time gal Police is. It's always had a little sense of prosperity that you
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don't find or haven't found on the West Virginia side in a long time.
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You know, when the Silver Bridge fell back in the fall of sixty seven
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and then the new road was built. The bridge was built, was built
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on the other side of the river. It just took a point pleasant out
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of the loop. You know, it's arout. Thirty five goes across the
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road to Dayton and it you know, if you go up to turn up
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the river, there was no bridge to get back into town. So if
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you wanted to go to point where you had to want to go there to
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get there, you just was in the place he went through, and it's
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taking a long time, but Mason County's on the rebound. I used to
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do a lot of business in Mason County because the circuits were the same,
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and still do a good bit of business in Mason County. They have,
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in my estimation, the best public servant that I know to ever have served
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the people in West Virginia. And John Musgrave he's the development director down there
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there. John was the Farmer's Home Administration director. He was the director of
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that. Look get this, he was the director of the West Virginia Lottery
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Commission for like twenty years and no scandal. Nobody went to prison, nobody
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got caught cheating. They made a lot of money, they helped fund the
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place with no controversy and those scandal he retired. Now he's development director.
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And see what's happening in Mason County when you get a good, solid citizen
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who works hard and has the people's interest only at heart, and new corps
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and get the other place up at the TNT and it's going to get better.
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I mean it's the contacts that my friends are getting, like in Henderson,
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from a company like Marriott to build a new hotel while on the West
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Virginia side. Hey, because they see business from Newport, So we'll see.
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It's not been a very busy week in the law. You know,
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you follow a week of Thanksgiving, this is the time when things generally slow
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down a bit. Now from the standpoint of accident and injury claims, auto
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accidents and other things. People, you know, there is sort of a
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push to turn setle cases by the end of the year. The adjusters like
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to close out files and sometimes the classes call and say, hey, listen,
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I can give a little bit on this claim because I need some money.
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And it used to be in the old days. That's what happened.
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And you kind of took it easy for January and worked really hard for a
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couple of months. You can pay your income taxes in April, and then
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everybody went on vacation in the summertime. You hit it a lick from September
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through November to get ready for Christmas. Now with the emails and computers,
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it's go, go go. But now if you go go go to the
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knack Aandy courthouse, they are going to be at least seven and soon to
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be eight people who are authorized to pack heat in the courthouse. I guess
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an order was entered by Judge Selango yesterday. She's the chief judge, but
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she didn't enter it on her own. I mean, they had a conference
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of the judges and they agreed that they would authorize themselves to carry firearms,
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kind of surprising us. Certain when that came out yesterday, I hadn't heard
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anything go to it. I hadn't heard anything leaning up doubt. You never
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know what goes on, right, I mean, we hadn't heard about any
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overt threats or overt actions taken within the courthouse that posed the risk to the
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circuit judge. But again, you don't know. I mean, people who
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are involved in security don't tell you everything they know about threats to security because
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if you knew, then you're telling people how you detect their plans from misconduct.
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And I'll work around it. But whatever the reason, it doesn't mean
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the judges will carry you again. But they certainly can in the courthouse,
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even though other than law enforcement, firearms are restricted to any other personnel there.
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I mean some might have it, can still carry already, they just
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couldn't carry it in the courthouse, right, right, right, I mean
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it's the governmental building and discovered by an order of the county Commission. That's
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one of those sensitive spots. I mean, it's a duchess. It's not
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the general public. Certainly, guns have no place other than the hands of
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law enforcement at a courthouse. I can tell you I've been practicing law for
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almost fifty years, will be fifty years in May, and I've seen some
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pretty dagone heated exchanges and confrontations between families. Listen, you get somebody who
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charged with the murder or some form of homicide, and you get that whether
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maybe the claim is self defense or justification. So you've got one family with
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heat and who've got hot blood about one side of the case, and the
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other folks have lost someone who's dear to them, And you know, they
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get in there and start testifying, and they're sitting on opposite sides of the
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island the courtroom, and they all get together in that little hallway out front.
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I mean, if you allow guns in the courthouse, somebody gonna get
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shot. I mean that fights breakout. I mean they do call security for
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fistfights. I mean I saw one in Putnam County right outside the courthouse door.
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I mean right outside the courtroom door in the hallway. John Wright was
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the circuit clerk, and you could go out the side of the old courtroom
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and right into Don's office. There was a little balcony there because you're gone
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down the back steps. And it involved an assault on a teenage girl allegation
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where the purported perpetrator and I remember the family just boom putting up together right
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there in that small space, and it was bad. You know, I
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thought somebody was going to get ran off the balcony fall. So, you
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know, for whatever reason, I don't see that it's a good thing or
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a bad thing. It's just sort of neutral. But it was like,
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I'm like you, I was sort of surprised when I saw it because there
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wasn't any lead up or anything in the paper about well the judges feel this,
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or they go out to the County Commission and ask that. I'm sure
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they probably did acquire the County Commission, but at least informally. Let me
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ask you this, Harvey Harvey Payton's with us of the Peyton Law Firmer Nitro.
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It's a thirty three the number to call three or four three four five
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fifty eight fifty eight three or four, three, four five, fifty eight,
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fifty eight. I was reminded of this again because I have a friend,
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a couple of friends really are kind of going through this where a parent
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has gotten sick been sick pretty quickly, health is deteriorating. Decisions have to
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be made, whether home care or assisted living or you know those type of
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things. And fortunately, families don't get it. There's not agreement, you
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know what. I mean. It can get and I know you've dealt with
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a lot. I mean, it can get into sharp things, things are
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said, and I mean it's just ruins. It ruins families. Sometimes it
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gets children of odds. I mean, who's uh, you know, you
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get the situation where one family member, usually a daughter who's here close to
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a mom or dad who's sort of that duties devaulted upon. Well maybe you've
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got another sibling who lives in North Carolina or d C or out west as
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well. I don't agree with that. Well, okay, then you come
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here, Well I don't agree with what you're doing. Then there can be
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allegations of financial mismanagement oftentimes as results. Now, if the if the parent
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or the person who's facing disability has taken the step to good a lawyer and
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get themselves a valid, well written, professionally done and properly executed, durable
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general power of attorney. They can name the person that they want they want
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to take care of their affairs, and those documents are inviolid, even though
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the person made that later become disabled. And some siblings says, well,
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I saw what mom would want. Well, that's what she said she wanted.
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Well, but she's she's demented. Well, that's why she did this
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in case she became demented. She wants susy to take care of her.
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And that solves that. Now, it doesn't solve it as far as the
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social issue of in her family relationships. And I tell people that all the
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time. You know, the law doesn't have a cure for every social ill.
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We can address the legallet it's how you deal with your siblings. My
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advices deal with them as a business. If you're trying those to try a
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peas, the peas are hanged by those that try to please and some people
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are just not making them happy. We're going to take a call from Judge
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Douglas. He might have something to say say about about the guns in the
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courthouse. Judge, Good morning, how you doing? Wanting good felicitations gentlemen
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on the holidays and seasons. Greetings. Uh Harvey, I just want to
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make another point too, if I may, can y'all hear me. Hey,
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yeah, you sound good? Yeah, okay. I just want to
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make another point about Judge Selango's order. When I received yesterday, my first
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thought was that, uh, you know who has more emotive and emotional issues
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than family court judges. You know, we have things where we take away
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or cases where we take away children, We split retirements, we sell marital
15:37
homes, we award alimony, And I'd be hard pressed to think of any
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more situation as is potentially dangerous to any judge than family court judges in Kanalla
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County. The circuit judges have controlled secure parking, They have private interests to
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the court outs which we don't. And nevertheless, we were not mentioned in
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the administrative order. And I'm saying this not so much. I don't have
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a position one way or another where we should carry or shouldn't carry. But
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the point of it is, we and the masters for that matter, were
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not even included or even mentioned this administrative order. And I thought, gosh,
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the if family court judges have at least an equal or greater right to
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be protected to considering type of cases we have. I know the circuit judges
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have criminal cases, but we have people that are good people, usually acting
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acting out in emotional manners, and that presents a threat to the family court
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judges, which should you know. I'm one of the five, and I'm
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very concerned about that. I don't care now. The thing that popped into
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my mind when I heard the orders or what about magistrates, I'll be honest,
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I didn't at the top of mind, wasn't family court judges because I
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just assumed that the order would cover all, you know, courts of record
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judges. But does so if we get back to the point of the contents
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of the administrative order, do these circuit judges, I mean, as chief
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judge, Does Judge Solango have any supervisory or administrative control over the family coorder?
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Is that vested exclusively in the Supreme Court? I don't know. I
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think what I believe within the building, it's still the chief Circuit judge has
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authority administratively. Of course, we control the areas in where we're situated now.
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But it just bothered me that the order just says, you know,
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circuit judges and then reiterates the two thousand and more in order. I think
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it was March twenty sixth that says nobody can carry other than the circuit judges
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and law enforcement personnel, and also our bailiff's un armed. The last time
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I looked, the circ court judges bails were armed or had some type of
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arm And yeah, I mean, we've all had threats over child cuts,
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the issues, alimonies and different things like that. And the only thing I
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can think of that caused this harvey was that there was a notification went out
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I think it was Monday about a pre Thanksgiving threat by some individual about the
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X. I don't know how it came about. I don't know how it
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was at tech that I don't want to know for the reason you said earlier
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that there would tip somebody off how these things were discovered. Well maybe,
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And then again, Judge, it could be. I mean, I've had
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a couple of cases in front of Judge slang Oh dealt with her when she
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was in the prosecutor's office more often than I've seen her as a circuit judge.
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You know, Acres is over there too. She was a former prosecutor.
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She knows how risks risky things are. You've got Carry Webster, her
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brother was chief of police. Well, we also got Abraham Lady. She
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worked in the prosecutor's office for Ronald Logan Kety. So maybe it's just an
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oversight. I would think I agree with you that that the friction points in
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uh family court are just as heated and just as dangerous, and they're long
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standing. I mean for years later people. I mean when I was practicing
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divorce law, years later, people of their families, and they might have
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reconciled somewhat with the other side, but not with the judge or not with
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the lawyer usually. And I didn't understand it too, because Judge Kenneth Baller
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is a former family court judge for a number of years. Oh yeah,
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I do that one time, and he should know that too. But I'm
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not blaming him. I'm not blaming Judge Slango. But I hope it's an
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oversight, and I hope there'll be an a mendered order would come out that
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we keep supposed to the court justice keep supposed to. Thank you, Jim,
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We appreciate it, all right, Thank you. M Yeah, that's
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Family Court judge Jim Doug Jim, good guy, been around a long time.
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I had. I mean, it just skipped my mind because I first
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thought about the magistrates. You know, these magistrates are there and they're on
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duty, uh twenty four hours a day. There's somebody in there. And
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honestly, now, the security at the Court court House it's not bad given
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the restraints of the building. Now they built that full year onto the front
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and put the metal detector and they pretty well control. That's a good friend
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of mine Whittington that works down there on the east be Chief Police Dunbar Earl.
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But they don't have an information desk, which is another issue. You
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know, people will come in and they'll stop and ask the security officers who
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are trying to scan people and look through their bags for directions on how to
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get here and there. And I always thought, well, they've got a
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person sitting over in the old courthouse in the hallway when you walk in,
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but nobody in the judicial annex and always questions and I know, I think
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I've talked to a couple of the security officers says, well, it does
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worry us because if you're distracted, it doesn't take a crook long to figure
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out I can send somebody through this line and have them start asking questions about
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where I'm supposed to go to where I'm supposed to be in an animated fashion,
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somebody can just slip by. Before the security was there. I know,
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it wasn't always there. Before it was there. Do you just walk
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right in where master court is? Oh yeah, yeah, he's walk right
21:11
in the front door. Well listen and they We didn't have any security in
21:15
the old Putnam County court House, and that was up through the nineties.
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Now, as soon as the new building was built, we did get security,
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and we had a retired state trooper in charge of security, and it
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was you know, so it was scan cards to get in and out,
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and it's a metal detector at the only accessible door. It was only within
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the last I'm thinking probably fifteen years that secured entrances were established at the Mason
21:41
County Courthouse. I think about that the courthouse in the whole region which was
21:48
subject to a terrorist attack. I mean, a man went in there to
21:52
see his wife who was confined, and on a Sunday afternoon when the sheriff
21:57
was there and a couple of troopers and a troop before o' high and he
22:00
had a satchel with him and a shotgun he got to drop on the sheriff,
22:04
come back into the cell block, fired a shotgun into the suitcases full
22:07
of dynamite, blew the jail up. I mean, you can still see
22:11
the cracks in the walls in the courthouse. And even after that, it
22:18
was you could go in either side of the building or the downstairs. There
22:21
were three separate public interests. Just walk in and you could actually take a
22:26
rite and go back past where the family court is now and walk into the
22:30
jail that's been remedied. Sure, yeah, yeah, and now I remember
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I'm worked for years in Montgay County. Yeah, you just walk in and
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walk upstairs and everything, and you hate to think that those days are passed,
22:42
but those days are passed. And we've had a smaller population, but
22:48
we do have a higher incidence of gun ownership gun carrying than most places in
22:53
the country. And when there's friction, and how many times do you hear
22:57
about enter, that's how people get killed. It's domestic relationships, family relationships,
23:04
neighborhood relationships. It's seldom that strangerer on stranger murders are quite quite uncommon.
23:11
It was interesting to Judge say, we're going to take a break after
23:12
this, but he said, sounds like there was a pre Thanksgiving threat there.
23:17
Maybe because it sounds like there's a reason for the order. Okay,
23:21
all right, we're going to take a break. Harvey's with us, Harvey
23:22
Payton or the Paytent Law Firm in Nitro. Any questions about the law and
23:27
Harvey can answer them. Three oh four three four five fifty eight fifty eight
23:30
lines are open. Call us now three oh four three four five fifty eight
23:36
fifty eight Back in the moment on five eight WCHS. Brace yourself for the
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power on the side. We have a courtroom experience such you need. We
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never give up. We're prepared to fight for your rights. When you need
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action, count on us. Put the power on your side. Eight forty
25:10
seven five aby w c HS The Voice of Charleston Harvey Payton's here with the
25:14
Peyton Law Firm in Nitro three oh four three four five fifty eight fifty eight
25:18
three oh four three four five fifty eight fifty eight nitro. Looking good for
25:22
Christmas. I'm assuming they're pricient, but there Christmas praise this Saturday night.
25:29
Christmas pread is this Saturday. There are some decorations out at the riding our
25:33
park. We have a whole group of really great small merchants there in Nitro.
25:37
Mars Jewelers is the mainstay of the commercial community. You've got Tamar's Letter
25:44
Antique Mal there on twenty first Street. Greatest collection literally of old records.
25:51
Yeah overlaid eyes on. I mean, I'm kind of like a Texas swing
25:56
of fiicionado and he I mean he's got Texas swing albums. I mean,
26:00
it's just incredible. You across the street to Elizabeth Attic, you can get
26:03
a nice meal at Catherine's or at Shima's. Saying. Nitro is a place
26:07
and the Nitro Saint Albans sort of a little complex the Twin Cities. You
26:11
know, there's a new bakery, suitet shop. It's in Nitro, but
26:15
it's just on the Nitrous side of the Saint Albans Nitro Bridge and a new
26:19
building I think that was built by a Nitro business man. If you across
26:26
into Saint Albans, of course you had old main Plaza and the Mayor's get
26:29
along really well. All the cities get along. We have cooperative agreements on
26:32
fire trucks and used to have a big rivalry in football until this year when
26:37
Nitro put it on Saint Albans like eighty six to six, which that's one
26:41
of those things that it's almost like at domestic dispute that will not be forgotten
26:45
by the people in Saint Albans for a long long time. So and actually
26:49
our we haven't put our Christmas decorations up at the office. We will this
26:53
week and you know, moving towards Christmas. As I said, though,
26:57
it's pretty much year round now with the law business and our business of course
27:02
primarily car wrecks. I mean, that's just the bread and butter of our
27:07
firm. We had automobile accidents involving the standard vehicles or trucks or ATVs or
27:12
motorcycles. You know, people fall and hurt themselves because somebody's negligent, somebody
27:18
leaves grease on the floor or water on a floor. People try to deal
27:22
with their own insurance company over a loss one of those going right now,
27:26
They say, well, we don't have any coverage on this. I just
27:30
settled one here this week where we had to arm wrestle about coverage under a
27:33
policy. It was a title insurance policy, you know, which is notoriously
27:40
bad insurance. You know, you're paying their payout under title insurance is less
27:42
than one percent in claims, and the agent the rights it gets eighty percent
27:47
or sixty five percent of the premium for writing the policy, and the company
27:51
keeps the rest. You can imagine, there just aren't that many disputes.
27:53
And that's what we do. You know, we represent folks who and we're
27:59
really good at it too. I'll say that if you've got an issue and
28:02
you live in Cross Lanes, Dunbar, Nitro, Saint Albans or anywhere in
28:07
Patnam County, or in Mason County or Jackson County or Lincoln and you're looking
28:11
and I don't want to step on the toes my good friend Joey Stevens down
28:15
in Hamlin. I mean, let's draw the line there. I'm not not
28:19
but you know, if you're looking for somebody to handle an injury case or
28:22
a claim where you think you've suffered a loss, you're not going to do
28:26
any better than the Peyton Law Firm, period. And you'll see me,
28:32
or you'll see Tom, or you'll see a member of our staff who's been
28:34
there and been in the business ten plus years. They know what they're doing,
28:38
We know where the courthouse is. We know how to deal with and
28:42
obtain information, how to interview witnesses, and courtrooms. All we go in
28:47
courtrooms a lot a lot now people, And that's not a big selling point
28:51
to folks who have claims because say, look, I don't want to go
28:52
to court. Well, look, the only way you're going to settle your
28:56
claim is we've got to look at the ultimate outcome in this case. He
29:00
said, If it means we have to go to court, that's what we
29:02
have to do. We'll do everything we can to develop this case resolve it
29:06
in a matter of the satisfactory with you short of a court room. But
29:10
I can't tell you that you won't have to go to court if you run
29:11
into some I mean I had a case down in Putnham County years ago.
29:17
I was actually not quite a successful businessman in Putnham County at the time.
29:19
He was in high school. At school, bus hit his car and severely
29:23
fractured his lay. Well, what are you going to do? They got
29:27
some lawyers, and they got this expert from Northwestern University that wrote the book
29:32
on accident reconstruction, and he said, well, this is what happened.
29:36
We'll off of you five thousand dollars. Little boy, he had about fifty
29:37
thousand dollars in medical bills. The dead worked out of the Union Halls Electricians
29:41
said, well, you can't do that, but you know it's not good
29:47
liability. Let's get up talk about somewhere around thirty forty grand. Nut.
29:51
Well, the jury sought the other way and they laid the pole on him
29:53
for about four hundred grand. Because once you got to looking at it,
29:59
you can see exactly what happened. I mean, Frank Miines was the deputy.
30:03
The fellow relied in his opinion on the position of the cars after the
30:07
collision. Well, you can easily account for that, and it conformed exactly
30:11
with what my clients said. So we've been we have, we've been doing
30:15
it quite a bit. I just say, sometimes you have to go.
30:17
Nobody wants to go to court. Nobody wants to get involved in a lawsuit.
30:21
If they do, they're flawed because the last thing you want is a
30:25
lawsuit. You want to avoid litigation as much as possible. But you can't
30:29
get a lawyer who's afraid of it. If you need a lawyer who's well
30:33
versed in it. And because the way you develop a case is developed,
30:36
like you're going to go to trial and you have to think about, well,
30:37
what question am I going to ask this person at a trial? What
30:41
am I going to say to this jury in my opening statement? What about
30:44
how am I going to And that's a ball and I'll say about that because
30:48
I've got things that I little techniques that I use that I'm not going to
30:51
tell anybody else. I mean, want I tell you one. Because these
30:55
guys are big on power points. Why we get this power point about my
31:00
here's how spinal injury works. We got these pictures. This was a travelers
31:04
me anyways. And here's what I've got. I've got a model of a
31:10
spine, a professionally made medical model of a human spine with nerve endings.
31:14
I said, now, I like to get that and stand in front of
31:17
a jury, because you know who they're looking at when I do that,
31:19
They're looking at me. They're not looking up there at the screen and hearing
31:26
some distracted voice telling what to do. If you can't be friends with the
31:30
jury, they're not going to do you any good, period. And we're
31:33
really good at being friends with the jury. So you're so what you and
31:37
Tom do, just your request to the listeners or to people in the area,
31:41
just give you a call. Sure there's still a question, Yeah,
31:42
right now. I can't tell anybody who to hire or who not to hire.
31:47
I mean, I said it repeatedly. We have a number of attorneys
31:52
in West Virginia who advertise aggressively on television, and that's their prerogative. But
32:01
they are West Virginia attorneys. They're part of our brethren. They's part of
32:05
their subject to the same sort of restraints on conduct and motive to perform that
32:12
we are. You know, if you live here and you work here,
32:15
no matter how the business comes in, you feel compelled as a resident.
32:17
I mean, I was in Fort Myers, Florida, riding from the hotel
32:22
to the arena to see the Mountaineers playing. There's this like four story building
32:27
in Fort Myers, M and M and the largest international law firm in the
32:30
world. Okay, well in West Virginia. I think they have one room,
32:37
maybe two rooms, and one lawyer in the little in the little disclaimer
32:42
that says your case will be handled by a lawyer who's admitted to practice in
32:46
West Virginia. The lawyer who made this ad is not a West Virginia lawyer
32:51
right. So now, why do you want a fool with that? When
32:52
you've got plenty of go and you've got the best lawyers in Putnam Mason Capbell
32:55
County and this part of the state and in southeast to high right here,
33:00
why not come and hire us? So that's my stick. And if you
33:04
want to get in touch with us, Peyton Law Firm dot com, you
33:07
can use your I p i EP in what is individual electric device whenever they
33:13
call them or go online and it gives you a website and that way we
33:17
can answer them any hour the day or night, uh or call and if
33:22
we're not there to talk to you, well, we try and return every
33:23
call every day. We do our best, but sometimes there might be a
33:28
couple of days. Most people understand that it's pretty amazing to me when you
33:34
call someone and say, oh, well, thank you so much for calling
33:36
me back as well, that's what you're supposed to do, right, I
33:37
mean, somebody thinks enough of you as a lawyer to call you and offer
33:43
to turn over their problems to you. Why wouldn't you think enough of them
33:46
to call them back. Even if you call them back and say I can't
33:49
take your case, you'd call them back. It's not like high school dating.
33:53
It's a serious business. So and this, I mean, we're people
34:00
walk around, we drive. I mean, there are lawsuits, there are
34:01
things that happen. I mean, that's just yeah. I mean, well
34:06
it was an accident. Well, of course it was an accident. Accidents
34:09
happened because someone makes a mistake. It's not punitive. I mean, you
34:15
know, if someone's gonna have their head turn and run a stop sign,
34:20
it happens in life. Somebody is going to say, well, I'm not
34:24
going to put salt on that sidewalk right now. I'll go val'll get it
34:29
later. Well, unfortunately someone falls or breaks an egg, breaks an arm.
34:35
Someone says, well, I won't hurt to just send one text about
34:37
something at the store without pulling off the road. And then there's and so
34:42
when someone does something that a reasonable prudent person would not do, or does
34:47
not do something that a reasonable prudent person would do, and as a result
34:52
of that action or inaction, you're hurt. The law has a remedy.
34:58
It's called a tort. You can bring a claim. Generately, there's insurance
35:01
that covers your damages and injuries. And it pays the lawyer's fees for the
35:05
person who acted or didn't act and hurt you. If you have an insurance
35:09
policy and the insurance company won't pay you, that's a breach of their contract
35:14
because they've contracted to pay you. And if you sue them for breach of
35:17
that contract, they pay you if you'll win what they should have under the
35:22
contract. Plus it pays some damages for the inconvenience of having to sue somebody
35:29
to get what you'd already paid for, Plus pay your lawyer's fees and all
35:31
your expenses. So but those are the things that you need to talk to
35:36
lawyers that are adept at doing this to explain to you and answer all your
35:39
questions. And if you go talk to a lawyer, don't be afraid to
35:43
ask them a bunch of questions. Now, one of the questions people says,
35:45
well, what's my case worth it is, well, I can't tell
35:47
you that. I can tell you that the equities appear to be on your
35:51
side. It looks like you've got a serious injury, but we don't know
35:53
yet. Are you going to be able to get back to work. If
35:57
you can go back to work, is it going to be on a limited
36:00
basis. Is there some sort of long term treatment you're going to have to
36:02
have. We've got to look into all those things. Then we need to
36:06
look and see, Well, we know how the accident happened. One car
36:09
turned left in front of you. Well, but we're going to have to
36:14
find out where that person been. Where were they going? Were they on
36:16
the job, where they making the delivery their employer but using their own personal
36:21
vehicle, which would make their employer responsible through the agency theory. So there's
36:25
more insurance coverage here. Had they been to a tavern? You know?
36:30
One of the most effective arguments I've heard and I've made, are you start
36:37
the timeline. Well, it's four o'clock in the afternoon and Jim is home
36:44
watching the television. Bob is at the Hilltop bar drinking. That's what his
36:51
credit card said. Oh, we just have a little bit of time,
36:53
right, Well, I want to take credit for eight and four. Let
36:55
me say this my prediction. My prediction in August was that the Mountaineers would
37:00
win eight games. That's right. I was off. I thought they would
37:02
lose the TCU and lose the Baylor on the road and beat Oklahoma State and
37:10
beat Houston, be Houston. Yeah, okay, so I was off on
37:13
too, but the records are saying, keep Neil Brown, hold on to
37:15
the talent. We got to get this, get the mountain or the cutty
37:20
roads. Trust here, you're not hold the talent. We're looking for great
37:22
things next year. Peyton Law Firm in Nitro and you can you can go
37:25
to Peton Lawfirm dot com or call seven five five five five five six seven
37:30
five five five five five six. Indeed, that's right, fifty five fifty
37:34
six okay. And ABC News is next. This is five eighty w c HS