Latest / Ask the Lawyer / 01/15/2026 Ask the Lawyer with Tom Peyton

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01/15/2026 Ask the Lawyer with Tom Peyton · Ask the Lawyer

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Speaker 1: The views and opinions expressed on this program do not
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Speaker 1: necessarily reflect the views and opinions of five eight WHS
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Speaker 1: it's employees or WVRC media.
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Speaker 2: O courts.
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Speaker 3: Oh create equal.
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Speaker 4: Well nice?
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Speaker 5: Come here in a cake?
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Speaker 4: Can rob sp.
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Speaker 6: No reason to fight the law this morning. You could
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Speaker 6: put the law going your aside. Peyton Law Firm is
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Speaker 6: in house this morning. It is Thursday. Tom Payton is
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Speaker 6: here for you and you can give us a call
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Speaker 6: this morning. Three zero four three four five fifty eight
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Speaker 6: fifty eight three four five fifty eight fifty eight one
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Speaker 6: ask the lawyer Tom, good morning, How are you.
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Speaker 1: Doing this morning?
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Speaker 3: I'm doing great? How are you Dale?
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Speaker 1: Doing very well? Doing very well? Nice?
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Speaker 6: Uh, second week of the full week of the new
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Speaker 6: year feels pretty good to be ah.
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Speaker 3: And it's busy time at Peyton Law Firms, so you
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Speaker 3: kind of survived through the holiday. Seems like towards end
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Speaker 3: of year people want to get things done and then
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Speaker 3: it's kind of hard to get reinvigorated at the beginning
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Speaker 3: of the year. But we're staying quite busy, which is
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Speaker 3: good good for us. So if anybody has any legal
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Speaker 3: questions or wants to talk light to politics, here today
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Speaker 3: or current events that can give us a call, and
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Speaker 3: if you can't you're not comfortable call on the radio
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Speaker 3: or sending a text, you can always send us an
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Speaker 3: email through our website at Peyton Lawfirm dot com. Again
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Speaker 3: that goes right to Dad and ie E personal emails
1:25
Speaker 3: and if we don't get back with the same day,
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Speaker 3: maybe send us a little reminder. Sometimes they get kicked
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Speaker 3: over into junk. I don't know why some do and
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Speaker 3: some do not, but we're always happy to respond to
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Speaker 3: email inquiries, or you can give us a call at
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Speaker 3: the office at three zero four seven five five five
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Speaker 3: five five six, And of course you can stop body
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Speaker 3: office anytime. We regular business hours for us with staff
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Speaker 3: there is eight am to five pm, and if there's
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Speaker 3: some practical reason you can't make it in for an
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Speaker 3: appointment or something during those hours, we're always willing to
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Speaker 3: work with you for for hours visit. And I actually
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Speaker 3: end up turning returning a lot of phone calls on
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Speaker 3: the weekend because I'm having doing a lot of litigation,
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Speaker 3: trial work things like that. Sometimes it's difficult to get
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Speaker 3: calls returned during the work day during the week, so
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Speaker 3: I hate to do it on Sundays, but sometimes you'll
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Speaker 3: get turning calls on Sundays. But that's what you got
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Speaker 3: to do, to try and return all of your calls.
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Speaker 3: And that's what we try and do, no matter what
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Speaker 3: the issue is. You know, doesn't have to be a
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Speaker 3: serious bodily injury or a trucking accident issue. Of course
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Speaker 3: we handle those and do really well with them. But
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Speaker 3: you know, you'd like to help folks. So if you
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Speaker 3: have a question about in a state or a state administration,
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Speaker 3: or whether you need to probate, or if you have
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Speaker 3: a boundary issue or something like that, then we always
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Speaker 3: try and get calls returned and emails responded to because
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Speaker 3: a lot of times just a few minutes of basic
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Speaker 3: information and helps folks out a lot because they're just
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Speaker 3: kind of in a black hole and what to do.
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Speaker 3: And you get a lot of well, the courthouse told
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Speaker 3: me this, or the courthouse told me that. Of course,
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Speaker 3: the courthouse is full of humans. The courthouse doesn't tell
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Speaker 3: you anything. And you get that a lot from the
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Speaker 3: probate Office. I mean, they folks that do a state administration.
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Speaker 3: Not everybody can afford to hire a lawyer to handle it.
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Speaker 3: Not everybody needs to have a lawyer to handle it,
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Speaker 3: and it puts the course staff there in a little
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Speaker 3: bit of a difficult position because they're not your lawyer.
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Speaker 3: For the most part, they're not lawyers and they can't
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Speaker 3: give legal advice. So there's a fine line there between
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Speaker 3: giving information and not crossing that line into legal advice,
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Speaker 3: which they're prohibited from doing. So you do have to
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Speaker 3: be careful. I'm not saying you can't rely on the
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Speaker 3: courthouse staff for those type issues, but you're not going
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Speaker 3: to go there and get thorough or really any legal
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Speaker 3: advice on how to handle the situation.
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Speaker 6: So they can give your general information, fine, but they're
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Speaker 6: not going to know your specificus.
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Speaker 3: Your process and things like that, and it's not their
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Speaker 3: job to give you legal advice, and they don't really
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Speaker 3: have time to to get into as much detail, maybe
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Speaker 3: as they need in every situation. So it doesn't hurt.
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Speaker 3: Always tell folks if you if you've got a situation
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Speaker 3: where someone's passed away and maybe almost everything was jointly
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Speaker 3: owned with another person, or they had beneficiaries set up
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Speaker 3: through life insurance for one kiras, things like that, it's possible.
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Speaker 3: You don't need to probate and so it's always good
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Speaker 3: to give us a call before you go down and
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Speaker 3: get sworn in as executor administrator of an estate, because
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Speaker 3: sometimes you open a can of worms that you can't
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Speaker 3: put back in, and you might not have needed to
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Speaker 3: do that in the first place. And once you get
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Speaker 3: sworn in and swear to take on the duties of
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Speaker 3: an executive administrator, it can't just easily resign from that
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Speaker 3: position and stop doing it. So I've had multiple people
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Speaker 3: open estates that probably didn't need to, or maybe the
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Speaker 3: open estates and really all they're doing is serving some
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Speaker 3: creditors with no real purpose beyond that. So it's always
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Speaker 3: good just get a lot of calls in that particular issue,
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Speaker 3: and I prefer calls before you go and get sworn in.
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Speaker 3: And usually you got it. Somebody's got to be administrator
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Speaker 3: executive in a state. That's the exception that you don't.
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Speaker 3: But it's always good to make a call first because
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Speaker 3: we can save a lot of time and a lot
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Speaker 3: of hasshole aggravation and potentially lawyer's fees if you give
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Speaker 3: us that preemptive call before you run down to the
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Speaker 3: courthouse and opening a state up when you might not
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Speaker 3: need to otherwise, but we've got I wasn't able. I
5:40
Speaker 3: was at a board meeting last night till late for
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Speaker 3: a local nonprofit but didn't catch the State of the
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Speaker 3: State address. I read the headlines this morning, and good thing.
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Speaker 1: I mean.
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Speaker 3: What was missing is what I liked, which is no,
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Speaker 3: I don't think there were any grandiose claims to for
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Speaker 3: what they label quote tort reform or what I love
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Speaker 3: was restricting everyday citizen's right to trial by jury. So
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Speaker 3: hopefully we can get through this legislative session with about
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Speaker 3: without a bunch of junk bills on that particular subject
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Speaker 3: matter that serve no one other than really large profit
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Speaker 3: during business or insurance. It always does well.
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Speaker 6: I always like dropping this reminder this time of year
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Speaker 6: because sometimes it's not the positioned as such. When people
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Speaker 6: start rolling out quote unquote data from places like Judicial Watch,
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Speaker 6: which sounds very official, like some sort of that's a
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Speaker 6: lobbying committee, it's not.
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Speaker 1: It's not.
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Speaker 6: It's not some official network that's doing some sort of
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Speaker 6: ego eye observation and making and making claims that are
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Speaker 6: thoroughly data based. Objectively, they're trying to prove a point
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Speaker 6: from a lobbyist standpoint. So when you see judicial watches,
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Speaker 6: rankings of whatever it might be, those are you know,
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Speaker 6: businesses trying to keep themselves from being held accountable and
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Speaker 6: things along.
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Speaker 3: There's citizens against lawsuit abuse. We have local pundits that
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Speaker 3: they hire to come in, and I don't think they'll
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Speaker 3: actively participate in a real meaningful debate about it. Like
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Speaker 3: like if Dave Allen invited me on his show at
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Speaker 3: the same time it's the Cali representative, I'd be glad
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Speaker 3: to do that, But I don't think they'll be willing
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Speaker 3: to do that because in the end, what they're promoting
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Speaker 3: for the most part, one they're paid to promote it
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Speaker 3: by big business and special interests. But in the end
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Speaker 3: their position usually what will always result in something that
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Speaker 3: just restricts citizens' rights to have redressed before a jury.
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Speaker 3: In West Virginia not I don't think most reasonable people
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Speaker 3: and lawyers are not in favor of frivolous lawsuits ever,
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Speaker 3: for sure, and those get weeded out in the courts
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Speaker 3: usually pretty easily. And of course you can have a
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Speaker 3: person A and it thinks they're they have a great
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Speaker 3: cause and case, and then person B that's on the
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Speaker 3: other side thinks it's a frivolous case. So it's all
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Speaker 3: all kind of in the in the aye the beholder
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Speaker 3: for a lot of those whether. But there are certain
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Speaker 3: claims that are just simply frivolous, but there's ways to
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Speaker 3: address that. I mean, I had one recently that was frivolous.
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Speaker 3: I was defending it, and we got it dismissed without
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Speaker 3: too much trouble, and then we got all our lawyer's
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Speaker 3: fees awarded from the other person.
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Speaker 6: We talked about this a few years ago, and I
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Speaker 6: remember that you really did a great explainer on like
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Speaker 6: this thought that so much is taken up by you know,
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Speaker 6: fraudulent claims in the court systems, and they take up
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Speaker 6: time and time. I mean, you hear about cases that
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Speaker 6: might do that from time to time, but just like
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Speaker 6: you were just talking about, so often these things never
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Speaker 6: even get that far off of the ground, and competent
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Speaker 6: attorneys put them to bed pretty quickly.
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Speaker 3: Yeah. And a lot of the you know, quote frivolous
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Speaker 3: cases are people that you're filing their own fil process
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Speaker 3: say they don't they take snippets out of case law
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Speaker 3: that's not put in context and misunderstand it or misconstructed.
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Speaker 1: Yeah, these days I'm sure.
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Speaker 3: Well, yeah, now I haven't run into that too much
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Speaker 3: yet with a with a pro SA person, but yeah,
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Speaker 3: AI is just one of those things we're all going
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Speaker 3: to have to deal with. I never would use it
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Speaker 3: for legal briefs or anything I draft because at our
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Speaker 3: office I do that myself and it helps me because
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Speaker 3: I'm the person from the beginning to the end of
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Speaker 3: the case and legal. Now, I'll tell you where it
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Speaker 3: does help our office some and helps our clients is
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Speaker 3: you know, we get voluminous amounts of medical records. For example, uh,
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Speaker 3: maybe most people don't see them. You get a discharge
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Speaker 3: summary after you go to the hospital, which has some
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Speaker 3: you know what you need to do to follow up
9:38
Speaker 3: what you might expect from these injuries, but you don't
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Speaker 3: see your actual medical record. Of course, we have to
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Speaker 3: go to the actual medical records when we do injury
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Speaker 3: cases or or death cases, and you get you know,
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Speaker 3: you have a three or four day stay in the hospital.
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Speaker 3: There might be two thousand pages of records and we
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Speaker 3: we we handle them pretty much all electronically these days.
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Speaker 3: But there is an AI program that can give you
10:02
Speaker 3: a nice index summary. So if you have two thousand pages,
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Speaker 3: you know five hundred might be administrative type pages that
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Speaker 3: aren't really meaningful medical records as far as figuring out
10:16
Speaker 3: what did my client, what was their injury, how was
10:18
Speaker 3: it diagnosed? What are the findings on MRIs on X rays?
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Speaker 3: And AI can help you summarize what those findings were.
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Speaker 3: It can go through two thousand pages in two minutes
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Speaker 3: and give you a nice summary and you can click,
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Speaker 3: you know on the pages you can go do for it.
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Speaker 3: You want to find an mri I result buried in
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Speaker 3: two thousand pages of documents, it will tell you where
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Speaker 3: that is and you can go find yourself. Yeah, and
10:44
Speaker 3: then you can go click on it'll it'll summarizes the
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Speaker 3: findings as well. Now I don't again, I wouldn't trust
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Speaker 3: that program without me going in and seeing the actual
10:55
Speaker 3: important document myself. I wouldn't. Some firms may I I
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Speaker 3: would not. I would want to put my eyes on
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Speaker 3: that particular record. But it saves time for me or
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Speaker 3: a staff member going through and cycling through two thousand
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Speaker 3: pages when we need at least at that point, you know,
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Speaker 3: maybe twenty five to forty pages are the important parts,
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Speaker 3: and AI really helps that. But you will not see
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Speaker 3: Peyton law firm using AI to draft legal documents. I
11:23
Speaker 3: can assure you of that, and there's been some firms
11:25
Speaker 3: that have. In fact, the largest injury firm in the
11:27
Speaker 3: country has been sanctioned I think definitely once, probably more
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Speaker 3: for using AI and briefs, and it gets ferreted out
11:35
Speaker 3: because AI gets things wrong frequently in sites to cases
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Speaker 3: that don't exist and things like that, and then I
11:42
Speaker 3: wouldn't want that type work on my case if it
11:46
Speaker 3: was an important case to me.
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Speaker 6: I was the great example. I like to always give it,
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Speaker 6: and these models are always changing. But I was just
11:53
Speaker 6: telling the story yesterday on hotline when these llms first
11:56
Speaker 6: rolled out, and I was playing around with them, seeing,
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Speaker 6: you know, just how they could be on some stuff.
12:00
Speaker 6: I had to run a history in West Virginia basketball,
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Speaker 6: give me a nice layout of the history of Westernia basketball,
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Speaker 6: the biggest wins, the best players to come out of
12:09
Speaker 6: the program, and different things along those lines. And honestly
12:11
Speaker 6: did a fantastic job. It was a nice essay. You
12:13
Speaker 6: could see it like in maybe in a like some
12:15
Speaker 6: sort of a program or something, some official thing. It
12:18
Speaker 6: was a really nice write up until it got to
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Speaker 6: the point where all American Randy Moss played basketball for
12:22
Speaker 6: West Virginia University, right, And that's and that's God's honest,
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Speaker 6: the truth that it came up with an entire section
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Speaker 6: that it hallucinated of Randy Moss playing at West Virginia
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Speaker 6: University and being a sensational player there.
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Speaker 1: If you didn't have personal knowledge of that, you would.
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Speaker 6: Think, oh, imagine one hundred years from now, if somebody
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Speaker 6: did that search and you know, I mean Randy Moss
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Speaker 6: ended up being a Halloween football player, maybe it wouldn't have.
12:43
Speaker 6: But imagine anything like that. If you didn't have concrete
12:47
Speaker 6: evidence in your own mind, knowing you know that it
12:49
Speaker 6: wasn't right, you would just assume that it was true,
12:51
Speaker 6: and you might go the rest of your life believing
12:53
Speaker 6: it was true. Stuff like that's pretty dangerous. He could
12:55
Speaker 6: have played, Yeah, well, of course, yeah, And I think
12:57
Speaker 6: i'd that was some typed in somewhere today. I picked
13:00
Speaker 6: that up and screened it into Its likely they ran
13:03
Speaker 6: across like a like some article that was part of
13:06
Speaker 6: its training that was like some sort of a hypothetical
13:08
Speaker 6: scenario that it that because it was a unique scenario,
13:11
Speaker 6: there wasn't a ton of West Virginia University of Basketball
13:13
Speaker 6: information out there. As opposed to other things, it was
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Speaker 6: weighted probably a little higher, and that's what happened. So, yeah,
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Speaker 6: you hear about these and I've I've heard about some
13:21
Speaker 6: people doing pro se before and trying to do like
13:23
Speaker 6: chat GBT to be their attorneyman, and it does not
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Speaker 6: work out.
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Speaker 3: And I'll tell you, I mean, I just dealt with
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Speaker 3: one yesterday. People say, well, can I do my own deed?
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Speaker 3: Can I do my own will? And of course there
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Speaker 3: are forums out there you can bind. Yes, you if
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Speaker 3: you're if you're drafting it for yourself, you're a party to.
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Speaker 3: That's your own will. It's a deed that you're a
13:43
Speaker 3: party to. You're one of the people receiving or granting.
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Speaker 1: You can.
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Speaker 3: I mean, nothing prohibits you from doing it. But and
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Speaker 3: if you if you have the right number of witnesses,
13:52
Speaker 3: if you have it notarized for a deed for example,
13:55
Speaker 3: you you can record it. Maybe your will is going
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Speaker 3: to be a will under the law and when you
14:00
Speaker 3: pass away. The problem is if you don't have experience
14:05
Speaker 3: and you don't understand the terms that are in it
14:08
Speaker 3: or how to word things, that can create major problem.
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Speaker 3: I was just looking at a couple deeds yesterday doing
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Speaker 3: a title search, and well start reading the first page
14:19
Speaker 3: and said, well, who what lawyer drafted this? This is
14:21
Speaker 3: not worded very well. You scroll to the end, oh,
14:23
Speaker 3: prepared by because you have when you record a deed,
14:26
Speaker 3: it's post it's not recordable unless it says who prepared it.
14:29
Speaker 3: So when you take it to the clerk to record,
14:32
Speaker 3: they'll they'll go through and usually it's the end prepared
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Speaker 3: by Tom S. H. Peyton Peyton Law Firm. This one
14:38
Speaker 3: was prepared by and oh, now I understand because it
14:40
Speaker 3: was one of the parties playing lawyer drafting their own indeed.
14:44
Speaker 3: And there were two deeds in the chain of title
14:47
Speaker 3: back in history that were signed notarized, but when you
14:53
Speaker 3: start reading the language of it, it didn't make any
14:56
Speaker 3: sense and you couldn't really tell what they didn't express
15:00
Speaker 3: what they were trying to do properly. So now fifteen
15:04
Speaker 3: years twenty years later, they've got a title problem. Which
15:07
Speaker 3: doesn't become a problem if you're just living there or
15:10
Speaker 3: using the property. Title problems arise when you go to
15:14
Speaker 3: transfer the property to someone who pays a lawyer to
15:17
Speaker 3: do a title search, or someone needs to borrow money
15:20
Speaker 3: against the land, because then the lender is going to
15:23
Speaker 3: do a real thorough title exam and they might need
15:26
Speaker 3: they're going to require what's called title insurance to ensure
15:29
Speaker 3: there's good titles so they have good collateral when they
15:32
Speaker 3: loan money against the property. And that's when the problems
15:35
Speaker 3: creep in and those usually don't get better with time.
15:40
Speaker 3: So the farther into the future it gets with that problem,
15:44
Speaker 3: the harder it can be to resolve that issue. So really,
15:48
Speaker 3: you know, getting at least through our office, getting wills
15:50
Speaker 3: and basic deed work done is not going to cost
15:53
Speaker 3: you an arm and a leg, and as far as
15:55
Speaker 3: your inconvenience, I mean, honestly, wills are different. I saw
16:00
Speaker 3: a lawyer advertising virtual wills and I don't really understand
16:03
Speaker 3: how they're taking care of the execution because I don't
16:06
Speaker 3: know that there's a mechanism to do that in West Virginia.
16:09
Speaker 3: But so wills, you got to come in and we
16:12
Speaker 3: have to do We do a formal signing and that's
16:14
Speaker 3: the only way I will do them. But deeds, if
16:17
Speaker 3: you need some deed work done, usually we have a
16:19
Speaker 3: phone conversation and with technology these days, we can most counties.
16:24
Speaker 3: I know Braxton County doesn't because I called the other day,
16:26
Speaker 3: but most counties in West Virginia we can get an
16:29
Speaker 3: account and see previous deeds in history online. So if
16:33
Speaker 3: you need some deed work done, it's as simple as
16:36
Speaker 3: you give us a call. We have a conversation, usually
16:39
Speaker 3: not more than ten minutes, depending on the complexity of
16:42
Speaker 3: your situation, and then we draft the deed for you,
16:45
Speaker 3: and then the parties that need to sign it just
16:47
Speaker 3: stop by the office. They're convenience. We're all notaries and
16:49
Speaker 3: sign notarize it and we get it recorded. So it's
16:52
Speaker 3: a real easy process to have deed work done. It
16:57
Speaker 3: it's not very expensive in the grand scheme of things,
17:00
Speaker 3: and it's discouraged people yeah doing that, trying to do
17:04
Speaker 3: it themselves.
17:06
Speaker 1: Back in the day, wasn't there.
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Speaker 6: Couldn't you buy like lawyer software with like modules per
17:12
Speaker 6: state and like it would help you for like deed
17:15
Speaker 6: writing and different but like if you wanted to do.
17:17
Speaker 3: So, they were their commercials as much anymore. But you
17:19
Speaker 3: had legal zoom. Yeah, yeah, yeah, legal zoom right right,
17:22
Speaker 3: and I think they would have a disclaimer, you know,
17:24
Speaker 3: they're not allowed to give legal advice, but they would
17:26
Speaker 3: give you a some kind of form packet that you
17:30
Speaker 3: know was supposedly crafted per state.
17:35
Speaker 6: It was supposed to be like your tax returns where
17:37
Speaker 6: you had like the broad rules and then you downloaded
17:39
Speaker 6: your your per state package or whatever. The thing that
17:42
Speaker 6: I remember the most about this, I don't know if
17:43
Speaker 6: they were told you about this guy before. You might
17:45
Speaker 6: find it kind of interesting. When I lived in Jackson, Michigan,
17:48
Speaker 6: there was I used to do mortgages for a company
17:51
Speaker 6: in Michigan, and there was a guy in in Jackson.
17:54
Speaker 6: His name was Jesse James Jackson. Jesse James Jackson was
17:57
Speaker 6: a community advocate. He worked a pair of legal at
18:00
Speaker 6: a law firm for a little while, never went all
18:02
Speaker 6: the way through law school. But he had this elaborate
18:06
Speaker 6: setup in the basement of his house, and he was
18:07
Speaker 6: like the community like unofficial lawyer, and so he lived
18:12
Speaker 6: in some sort of a low income community. His door
18:14
Speaker 6: was always open you go to the basement of his house.
18:16
Speaker 6: He had foul cabinets just lined up everywhere. He had
18:18
Speaker 6: all these versions of like legal Zoom or something one
18:21
Speaker 6: of those those those software as along those lines, and
18:23
Speaker 6: he had scanned documents people would just give him stuff
18:25
Speaker 6: and he had just I don't know how many at this.
18:28
Speaker 6: I mean this was back in like the late nineties
18:30
Speaker 6: or something, but he would just had tons of CD
18:33
Speaker 6: draws full of these scanned documents that people would give
18:35
Speaker 6: him and he offered legal advice on him. And so
18:37
Speaker 6: he would sit there, he would have an appointment. He
18:39
Speaker 6: would talk to the person and he had this oratory
18:41
Speaker 6: voice like a like a preacher, and he would talk
18:43
Speaker 6: to him about, you know, what they needed to do
18:45
Speaker 6: with their with their legal problems, and they would go
18:47
Speaker 6: about their way. I have no idea if he gave
18:49
Speaker 6: good advice or not. I'm not an attorney, but this
18:51
Speaker 6: guy Hill Court, and all he was was like a
18:53
Speaker 6: paralegal with software.
18:54
Speaker 3: Sure, and that's not legal because it's unauthorized practice right law.
18:59
Speaker 3: And state Bar actually has a unit dedicated to investigating
19:05
Speaker 3: allegations of unauthorized practice of law. And and it's uh,
19:11
Speaker 3: I haven't heard of anybody. Well, actually, when I was
19:14
Speaker 3: asking the state bar representative about that, I guess they've
19:17
Speaker 3: had to help people. It's a misdemeanor. Oh yeah, rarely, rarely,
19:22
Speaker 3: you know, prosecuted. I think it has to be pretty egregious.
19:26
Speaker 3: You know, you're acting as a lawyer when you're not
19:28
Speaker 3: giving legal advice, and then it results in some significant
19:32
Speaker 3: financial problems for the person who.
19:35
Speaker 6: Jesse James will tell people, can you run your mouth
19:37
Speaker 6: about what I'm doing down here, It could keep me
19:38
Speaker 6: from giving you any help in the.
19:40
Speaker 1: Future, so be sure to keep it between us.
19:41
Speaker 3: Yeah, well that I would say that Jesse James Jackson
19:46
Speaker 3: probably didn't last real long.
19:47
Speaker 1: Yeah, I don't.
19:48
Speaker 6: I know. He was. He was a client, he owned
19:49
Speaker 6: some houses, and I was trying to do some business
19:51
Speaker 6: with him. He was pretty shady all around that. I
19:54
Speaker 6: just I mean, there was a lot of people that
19:55
Speaker 6: would wait to see that guy. Man, it was pretty
19:58
Speaker 6: I have no I hope he helped him. I have
19:59
Speaker 6: no I wonder, you.
20:02
Speaker 3: Know what what he'd charged, and if how, what the
20:04
Speaker 3: difference was between what he would charge in an actual lawyer.
20:06
Speaker 6: Anyway, Honestly, I don't think he charged anything. I think
20:10
Speaker 6: I think it was all like, he's got to make
20:11
Speaker 6: money somehow. I think, well, well, he was a landlord.
20:13
Speaker 6: I think that's how he made all his money. And
20:15
Speaker 6: then a lot of his clients were like his, like his.
20:18
Speaker 6: I mean, I don't know what's going on there. Let's
20:21
Speaker 6: do this. Let's take a break. We have some stuff
20:22
Speaker 6: we can need to talk about when we get back,
20:24
Speaker 6: and hey, Tom is here. If you want a moment
20:26
Speaker 6: to talk to an attorney, you don't get that opportunity
20:28
Speaker 6: all the time unless you listen to the station once
20:30
Speaker 6: a week, but you can. You can give Tom a coffee.
20:32
Speaker 6: Have any questions about the law, you need to put
20:33
Speaker 6: the law on your side. Three there were four three
20:35
Speaker 6: four five fifty fifty eight, three five fifty eight fifty eight.
20:37
Speaker 6: Of course Tom's talked about deeds and different things like that.
20:40
Speaker 6: If you have some questions along those lines. If you
20:41
Speaker 6: have some questions about maybe so an accident that you'd
20:44
Speaker 6: been through and suffered some discomfort, and you wonder if
20:47
Speaker 6: you have any recourse, all kinds of things that Tom
20:48
Speaker 6: can help you with, and give us a call this
20:49
Speaker 6: morning three zero four three four five and then.
20:51
Speaker 1: We come back.
20:53
Speaker 3: You know, I can't ignore. So we'll talk a little
20:56
Speaker 3: bit about the issue with the ice and the the
20:58
Speaker 3: woman that got shot and Minnesota. So it's lots of
21:02
Speaker 3: different points of view there. When you say how people
21:05
Speaker 3: view the same set of Facer rush, Yeah, it's interesting.
21:09
Speaker 3: So if you want to chime in on that, stick
21:11
Speaker 3: around after the break and we'll have a little discussion.
21:14
Speaker 6: Sounds good, Let's go ahead and do that. Three four
21:15
Speaker 6: five fifty eight fifty eight. You can text three zero
21:17
Speaker 6: four none, three five five z vers or eight Payton
21:19
Speaker 6: Law from one line, Payton Lawfirm dot com, Peyton Lawfirm
21:21
Speaker 6: dot com and Nitro West Virginia more information when we
21:23
Speaker 6: come back. You're listening to ask the lawyer five awhs
21:25
Speaker 6: the woys at Charleston.
21:26
Speaker 2: If you've been injured, you need a lawyer who knows
21:29
Speaker 2: West Virginia because they live in West Virginia. Tom and
21:33
Speaker 2: Harvey Peyton were born and raised here. They've spent decades
21:36
Speaker 2: fighting for injury victims, and they know how to get results.
21:40
Speaker 2: At the Peyton Law Firm, you get straight talk, strong representation,
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Speaker 2: and local attorneys who care. Call seven five five fifty
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Speaker 2: five fifty six today or visit Peyton Law Firm dot com.
21:52
Speaker 6: The attorney's referenced in this ad or lifelong residents and
21:54
Speaker 6: are licensed to practice law in the state of West Virginia.
21:57
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22:44
Speaker 6: It is fifteen minutes sixteen minutes to the top of
22:46
Speaker 6: the hour. You're listening to ask the lawy. You're on
22:48
Speaker 6: five ATDWCHS the voice of Charles and Thomas here from
22:51
Speaker 6: the Patent Law Firm one line, Payton Lawfirm dot com,
22:53
Speaker 6: p E Y t O N. Payton Lawfirm dot Com,
22:55
Speaker 6: located at Nitro, West Virginia. Their phone numbers three zer
22:57
Speaker 6: A four seven five five fifty five fifty six three
23:00
Speaker 6: zer A four seven, five five fifty five fifty six. However,
23:02
Speaker 6: this morning, if you'd like to talk to Tommy and
23:04
Speaker 6: give us, give us a call. Threes are A four
23:06
Speaker 6: three four, five fifty eight fifty eight. We're here for
23:07
Speaker 6: the next fifteen minutes or so. Threes are a four
23:09
Speaker 6: three four five fifty eight fifty eight.
23:11
Speaker 3: Yeah, So we left off with the lead in on
23:15
Speaker 3: the UH. Most people that are modelately moderately interested end
23:20
Speaker 3: up seeing one or two or three videos of the
23:24
Speaker 3: guess Renee Good was her name, that was driving some
23:28
Speaker 3: sort of SUV maybe a Honda Pilot or something on
23:31
Speaker 3: the street in Minneapolis and then was approached by I.
23:38
Speaker 1: Think we have a call that just came out. We
23:39
Speaker 1: got a call. Hey, all right, caller, you're on the line.
23:41
Speaker 1: Is this Karen?
23:42
Speaker 6: Do you have a question for Tom? Yes, Okay, go ahead.
23:46
Speaker 6: What's your first name?
23:47
Speaker 4: I'm sorry, Oh my name is Kieran.
23:49
Speaker 1: Okay, Karen, okay, Karen, go ahead, Good morning.
23:52
Speaker 4: Good morning. I have a friend who a correct ten
23:54
Speaker 4: days ago, just a little lady, and I'm trying to help.
23:57
Speaker 4: We'll get some some kind of something done anyway. It's
24:02
Speaker 4: Geico Insurance and I've contacted everybody that I can. Finally
24:06
Speaker 4: we're going to get some help. But the ten days
24:08
Speaker 4: that she's been without a car, she's been not physically sick,
24:11
Speaker 4: but the mental anguish for those little lady nightmares and
24:15
Speaker 4: all the things that have happened to her without them
24:17
Speaker 4: doing something about a car. Is there anything that I
24:20
Speaker 4: can ask them to do for her as some kind
24:23
Speaker 4: of paint and suffering thing beside just fixed her car,
24:26
Speaker 4: if in fact they'll do it, you know, as far.
24:29
Speaker 3: As the accident was it, did someone else cause it
24:33
Speaker 3: or was it?
24:34
Speaker 4: Yea, it was the Geico policyholder's fault. And they've just
24:37
Speaker 4: not done anything so far. She's been without a car,
24:40
Speaker 4: and like I said, they didn't go to the doctor.
24:41
Speaker 4: They're not those kind of people, her and her son,
24:44
Speaker 4: and it didn't it hit the front of her door.
24:47
Speaker 4: She was trapped in there for just you know, five
24:49
Speaker 4: or ten minutes, soil her sudden realized that she couldn't
24:51
Speaker 4: get out, come run got her out. So there wasn't
24:53
Speaker 4: anything I can say, Oh my gosh, she's you know, hurt,
24:56
Speaker 4: She wasn't but physically, but mentally and emotionally not having
25:00
Speaker 4: a car. She's just crying all week and we've been
25:03
Speaker 4: trying to get some help and haven't gone anything. So
25:05
Speaker 4: they finally did contact me yesterday because I'm running interference
25:08
Speaker 4: for and I got to call them today. But anyway,
25:11
Speaker 4: I didn't know if they would give her something, you know,
25:15
Speaker 4: because I guess there's something for being her pain and suffering.
25:19
Speaker 4: I guess that's what you say.
25:20
Speaker 3: Yeah, so you're using third on some different terms there.
25:23
Speaker 3: I think probably I equate pain and suffering with a
25:27
Speaker 3: physical injury, which I think probably based only what you
25:30
Speaker 3: told me, didn't have one.
25:32
Speaker 4: Yeah. I don't think she's really got accept you to
25:34
Speaker 4: her nurves. She's real nurse. She's just been really shake in,
25:36
Speaker 4: having nightmares and stuff like that, and the fact they
25:39
Speaker 4: just haven't done anything to would even get their call.
25:42
Speaker 4: I finally went and ready to call myself yesterday for her.
25:45
Speaker 3: Yeah. See, that's what I would term emotional distress versus
25:48
Speaker 3: pain and suffering. But yeah, and so there's two different
25:53
Speaker 3: When you get in an automobile collision caused by another person,
25:56
Speaker 3: you've got usually they'll try and segregate the claim. They'll
25:59
Speaker 3: be a property damage issue, that's, you know, getting her
26:03
Speaker 3: car repaired or declaring it a total loss and then
26:06
Speaker 3: compensating her for that. And then you have a bodily
26:09
Speaker 3: injury claim, which has to do with you know, medical bills,
26:13
Speaker 3: normally lost wages, resulting from anability to work due to
26:16
Speaker 3: a physical injury. Now, let's just presume and if you
26:21
Speaker 3: have a physical injury it's somebody else's fault and you're
26:24
Speaker 3: having pain or discomfort, I wouldn't you should not go
26:29
Speaker 3: to the doctor if you don't need to. Nine to
26:31
Speaker 3: nine percent of people won't because they don't like to
26:33
Speaker 3: go to the doctor anyway. But if you do have
26:36
Speaker 3: those type of problems, you shouldn't hesitate to go to
26:39
Speaker 3: the doctor and get checked out because the sooner you
26:41
Speaker 3: get in, the more likely that you'll recover. And oftentimes
26:44
Speaker 3: you don't feel the injury at the time of the accident.
26:45
Speaker 3: It comes on days sometimes days later. Just like example
26:50
Speaker 3: I give us, you go work out in the yard
26:52
Speaker 3: and haven't done it for a while. Well, you don't
26:54
Speaker 3: get sore that day. You get sore the next day
26:56
Speaker 3: or the day after. So but let's just move on
26:59
Speaker 3: from that. Presume that she doesn't have a physical injury
27:02
Speaker 3: in this particular case. So when it's somebody else's fault,
27:06
Speaker 3: they have the other insurance company has the duty to
27:10
Speaker 3: promptly adjust the claim. Now they may drag their feet saying, well,
27:14
Speaker 3: we need an accident report first, or we need to
27:16
Speaker 3: talk to our insured first, which I think is sometimes
27:20
Speaker 3: just that's what they want for their file, but it's
27:23
Speaker 3: not necessary if it's obvious that it's the other person's fault.
27:27
Speaker 3: A basic rear ender, but there is the ability to
27:34
Speaker 3: be compensated on the property damaged side of the claim
27:38
Speaker 3: for the consequences she suffered from the loss of use
27:42
Speaker 3: of her vehicle, so you know, having to wait and
27:50
Speaker 3: not have a car, or ask friends for help to
27:52
Speaker 3: drive you around even though you didn't rent a vehicle
27:57
Speaker 3: and pay up front to get reimbursed. She has a
28:01
Speaker 3: right to some compensation for probably the the legal term
28:05
Speaker 3: would be, you know, the aggravation, annoyance, and convenience resulting
28:10
Speaker 3: from the fact that she hasn't had a vehicle for
28:14
Speaker 3: so many days, and so you know what, that's one
28:19
Speaker 3: of those things that's called general damages. There isn't really
28:21
Speaker 3: a mathematical way to calculate that, but certainly some reasonable
28:28
Speaker 3: amount per day that she was without a vehicle. Even
28:33
Speaker 3: if they rended her a vehicle, there's still the aggravation
28:36
Speaker 3: of the situation, and so you she can request, you know,
28:40
Speaker 3: some sort of compensation on top of her repair cost.
28:45
Speaker 3: Or her total loss amount to compensate her for what
28:50
Speaker 3: she's gone through. So if you, you know, if you
28:52
Speaker 3: use the terms or she uses the terms loss of use,
28:57
Speaker 3: damages or aggravation and convenience of not having a car,
29:02
Speaker 3: now you get some low level call center adjuster who
29:07
Speaker 3: so we don't pay for that, but that she's entitled
29:09
Speaker 3: to that under West Virginia law. And they can contest
29:11
Speaker 3: how much that should be. Is it fifty dollars a day,
29:14
Speaker 3: is it twenty five dollars a day, one hundred dollars
29:16
Speaker 3: a day. Everybody's situation is is different, and your aggravation
29:20
Speaker 3: only its inconvenience is different depending on your particular circumstance.
29:24
Speaker 3: So yes, there is. Now you start talking about you
29:28
Speaker 3: get over into the sort of the injury side. When
29:32
Speaker 3: you start talking about real psychological type damages where she
29:38
Speaker 3: might need to go to a counselor or something like
29:40
Speaker 3: that because of the situation. That kind of rolls over
29:44
Speaker 3: into the injury side, and of course she can request
29:48
Speaker 3: compensation for that as well. On the injury side, they
29:51
Speaker 3: won't pay anything. You know, once she agrees to a
29:55
Speaker 3: number on that, they will pay one time and she'll
29:57
Speaker 3: have to sign a release and there's no going back
29:59
Speaker 3: if she tries to resolve it early on. But yeah,
30:04
Speaker 3: I guess, long story short, the answer to your question
30:07
Speaker 3: is there she is entitled to some compensation for the aggravation, annoyance,
30:12
Speaker 3: inconvenience she's had to go through simply for having to
30:16
Speaker 3: deal with the loss of her vehicle. And that's on
30:19
Speaker 3: top and separate from repair costs or total loss damages.
30:24
Speaker 4: Okay, And that's a concern. Is she just had a
30:28
Speaker 4: little vehicle which I have purchased for her for twenty
30:31
Speaker 4: five hundred dollars last year, and so I know that
30:36
Speaker 4: whatever they give her the totally call, which I think
30:39
Speaker 4: they will, it's probably not going to be enough to
30:41
Speaker 4: get her another car. And so I need to see
30:45
Speaker 4: if she can get some money for the aggravation. As
30:48
Speaker 4: she said, the general discovering stuff to help her get
30:51
Speaker 4: into call is our goal.
30:53
Speaker 3: Right, that's that's maybe what she will use it for,
30:58
Speaker 3: not necessarily relevant to that type of claim. And well,
31:03
Speaker 3: probably ninety percent of my clients who end up having
31:06
Speaker 3: a total loss with their vehicle, I mean, they're not
31:10
Speaker 3: one hundred percent satisfied with the total loss payment. Because
31:13
Speaker 3: in West Virginia, you get you know, the fair market
31:16
Speaker 3: value of your car at the time it was totaled,
31:20
Speaker 3: excuse me, and you get a sales tax like six percent,
31:25
Speaker 3: and not that's it other than the aggravation damages you
31:30
Speaker 3: might she might be able to get from that. And
31:32
Speaker 3: so oftentimes that you really you see it a lot
31:35
Speaker 3: with new vehicles because you buy a brand new vehicle,
31:37
Speaker 3: which I normally do uh for different reasons, but you
31:42
Speaker 3: borrow against it to buy it, and you know, probably
31:46
Speaker 3: the day of driving it off, the new car a lot,
31:49
Speaker 3: certainly within the month or so afterwards, your car goes
31:53
Speaker 3: down in value immediately. And sometimes you have situations where
31:58
Speaker 3: you might wreck a fairly new car be wrecked, and
32:01
Speaker 3: you don't get enough to make up for your loan
32:06
Speaker 3: outstanding loan balance, and then you can buy gap insurance
32:09
Speaker 3: gap insurance at the time you buy your vehicle to
32:13
Speaker 3: make up for that difference in case there's that situation.
32:16
Speaker 3: But if you don't, you know, you try and get
32:21
Speaker 3: as much as you can on the aggravation side to
32:23
Speaker 3: hopefully get your loan paid off. But a lot of
32:25
Speaker 3: you know, that's called when your vehicle's upside down, you
32:28
Speaker 3: owe more than what your vehicle's worth. And that's hard
32:34
Speaker 3: for people to understand because the accident wasn't their fault
32:36
Speaker 3: and they liked the car they had, and now having
32:40
Speaker 3: to get a different car, which is a hassle as
32:42
Speaker 3: well to go get a different car, and you might
32:45
Speaker 3: not get the same deal that you had another one.
32:47
Speaker 3: You might not have enough money to have a down payment,
32:49
Speaker 3: and so it's all that is. I think part of
32:53
Speaker 3: the aggravation that you can you can point out to
32:56
Speaker 3: the adjuster. You know, I'll tell you done this for
32:59
Speaker 3: twenty some years that you're not going to She's not
33:01
Speaker 3: going to get a big amount for aggravation annoyance inconvenience
33:06
Speaker 3: if they pay her her total loss within a few
33:07
Speaker 3: weeks of the accident, but you know, it can certainly
33:11
Speaker 3: add up for every day that they don't provide her
33:14
Speaker 3: a car.
33:15
Speaker 4: Should they ask her what she wants for compensation for
33:20
Speaker 4: her aggravation and stuff? Is that figure we should figure
33:23
Speaker 4: out and tell them how does that work?
33:25
Speaker 3: They don't usually volunteer that, so you're probably going to
33:28
Speaker 3: have to prompt them. And normally the person requesting compensation
33:33
Speaker 3: or something like that proposes a number first, but not necessarily.
33:38
Speaker 3: I mean she or you could bring up well what
33:40
Speaker 3: about the aggravation and its inconvenience of not having a
33:44
Speaker 3: vehicle all these weeks or days, and then they may
33:48
Speaker 3: throw out a number. So we pay twenty five dollars
33:50
Speaker 3: a day for that, and if you could say, well,
33:54
Speaker 3: I don't think that's enough, and then it goes back
33:57
Speaker 3: and forth, and that's it, you know, when we get it.
34:01
Speaker 3: I know how that works because when we get injury
34:03
Speaker 3: cases for folks physical injuries, of course, we do those
34:05
Speaker 3: all on contingency fee. But we always tell folks that
34:09
Speaker 3: you know, will also help you with your property damage
34:13
Speaker 3: because I can usually they're not that complicated. I can
34:16
Speaker 3: usually negotiate those pretty easy. I just see it as
34:19
Speaker 3: a service that we do if somebody has chosen us
34:23
Speaker 3: to help them with their their injury case, so we
34:26
Speaker 3: we do that. So if you've got a physical injury
34:29
Speaker 3: and you're you know, use it a lot of times
34:31
Speaker 3: the most pressing thing immediately folks are concerned about their
34:34
Speaker 3: car and how they get a replacement car, and what
34:36
Speaker 3: about a rental and things you're asking me about, and
34:38
Speaker 3: we just do that complementary if we have the injury
34:41
Speaker 3: case we example, we don't take a third out of
34:44
Speaker 3: you know, people's property damage claims or aggravation damages on
34:50
Speaker 3: that side of the claim. But I've heard of firms
34:52
Speaker 3: just telling clients, well, we don't do that part and
34:54
Speaker 3: just let them go on their own. And and a
34:56
Speaker 3: lot of times we don't have to get involved once
34:58
Speaker 3: we tell the client the guidelines, but we don't mind
35:01
Speaker 3: making calls and some emails. We wouldn't be able to
35:03
Speaker 3: help her very well because she doesn't have a physical
35:07
Speaker 3: injury aspect of it. But yes, she is entitled to
35:10
Speaker 3: something for the aggravation inconvenience of her car being titled
35:16
Speaker 3: and her having to deal with that situation.
35:19
Speaker 4: Okay, all right, that's what I'm wondering. And I didn't
35:22
Speaker 4: know a legal I mean a sensible you know, people
35:26
Speaker 4: suits thousands and millions of dollars. She's not like that.
35:29
Speaker 4: I'm not like that with her, But to say one
35:31
Speaker 4: hundred dollars a day or you know, plus a rental
35:34
Speaker 4: car expense for that week that you should have paid,
35:36
Speaker 4: which they got to pay though it should have paid
35:38
Speaker 4: a rental fee for last week, but they didn't. I
35:40
Speaker 4: didn't get the cardial this week, so the five hundred
35:43
Speaker 4: dollars rental fee that they should have paid, you know,
35:45
Speaker 4: and then this week they're going to have to pay,
35:48
Speaker 4: so you know, to ask them for two thousand dollars
35:51
Speaker 4: or two thousand dollars or whatever.
35:53
Speaker 3: Yeah, And I wouldn't you know if I hear a
35:56
Speaker 3: lot of people well, I'm not like that, or I
35:57
Speaker 3: don't want to do that. I mean, you see a
35:59
Speaker 3: lot of and a lot of these headlines you see
36:01
Speaker 3: about millions of dollars or thousands of dollars for what
36:04
Speaker 3: seemed like small claims. A lot of that is put
36:07
Speaker 3: out by these lobbying groups and big business and insurance,
36:10
Speaker 3: and they pounded in people's heads that you know, people
36:13
Speaker 3: are always getting stuff they don't deserve from it. You
36:16
Speaker 3: are not. You are not going to treat an insurance
36:21
Speaker 3: company unfairly. Trust me, It's not going to happen, So
36:26
Speaker 3: don't feel bad about it. I mean they have They're
36:28
Speaker 3: a machine of an industry and they're not all bad,
36:32
Speaker 3: and a lot of them treat people fairly, but a
36:35
Speaker 3: lot of them don't. And they're a business, and you know,
36:39
Speaker 3: so I wouldn't you know, you're not going to go
36:42
Speaker 3: out there and demand some outrageous amount and they're going
36:44
Speaker 3: to pay it. That's not the way it works, trust me.
36:46
Speaker 3: So I wouldn't. You know, I've heard a couple of
36:49
Speaker 3: that kind of comments during our conversation about that, but
36:52
Speaker 3: I would I would not, that would not be. One
36:55
Speaker 3: of my primary concerns is that I got to make
36:57
Speaker 3: sure I'm not unfair to this insurance company.
36:59
Speaker 1: Yeah.
37:00
Speaker 3: Yeah, well they're a machine design, so that they're not
37:03
Speaker 3: going to be treated unfairly.
37:05
Speaker 6: Caro. Now, thanks for a phone call. We had to
37:06
Speaker 6: cut you loose there because we're about at the end
37:08
Speaker 6: of the program. You can follow up with the Peyton
37:10
Speaker 6: Law from if you need two three zero, four, seven,
37:11
Speaker 6: five five fifty five fifty six one line, it's Peyton
37:14
Speaker 6: Lawfirm dot com.
37:14
Speaker 1: And that's how you do it.
37:15
Speaker 6: If you have a question each Thursday when you come
37:17
Speaker 6: in here, you can save it up, wait for Harvey
37:19
Speaker 6: or Tom or if we talk about something that you
37:21
Speaker 6: want to talk about, just give us a call and
37:23
Speaker 6: Tom will do the best it can.
37:24
Speaker 3: He's a really good question, and you know esctually want
37:27
Speaker 3: the injury cases, but that type of information will help
37:30
Speaker 3: her and give her guidance, and she doesn't need a
37:32
Speaker 3: lawyer for that and can't afford to hire one for
37:35
Speaker 3: that type thing. But but again, if you've been injured,
37:37
Speaker 3: or you have a friend or family member that's injured
37:40
Speaker 3: physically or financially, then don't hesitate to give us a
37:42
Speaker 3: call because it might be a case we can take
37:44
Speaker 3: and we do a really good job on them because
37:46
Speaker 3: we pay really close attention, we're experienced, going to get
37:49
Speaker 3: really good results.
37:50
Speaker 6: And that's how it goes with the Peyton Law Firms.
37:52
Speaker 6: So you can put the power of patent on your
37:54
Speaker 6: side today. Threes are A four seven five to five
37:56
Speaker 6: fifty five ffty six Threes are A four seven five
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Speaker 6: five fifty five fifty six. Located and intro West Virginia,
38:01
Speaker 6: Peyton Lawfirm dot Com p E y two and Peyton
38:03
Speaker 6: Lawfirm dot Com three zero four seven five five fifty
38:06
Speaker 6: five fifty six. Every Thursday at a twenty right here
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Speaker 6: on five ad w c HS the Voice of Charleston,
38:10
Speaker 6: the Nask the Lawyer. Dave Island's up next, followed by Talkman.
38:13
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38:15
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38:16
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