Deborah Nelson

7 Fireworks Safety Reminders

Posted on Monday, June 26th, 2017 at 9:00 am    

ColorfulFireworks

Fireworks are gorgeous from a distance, but up close we need to have our wits about us to avoid serious bodily injury and property damage. Each year thousands of injuries are caused by fireworks. The 4th of July is right around the corner and with that in mind, please be extra cautious and remember the following:

  1. Fireworks are NOT toys – they are explosives that contain combustible chemicals and gunpowder and can burn upwards of 2,000 degrees, so keep away from children.
  2. Have water and a fire extinguisher nearby in case a fire starts.
  3. Secure your firework completely before lighting the fuse to make sure it stays upright.
  4. Ignite your firework at an angle and quickly back away to a safe distance.
  5. Only set off one firework at a time.
  6. Use a wide open space – avoid shooting off fireworks near buildings, crowds, or dry fields.
  7. When finished, placed used fireworks in bucket of water and dispose of all debris.

Remember to check for fireworks shows you can attend in your area that are designed and operated by pyrotechnic professionals so you can enjoy from a distance!

Happy 4th of July! Stay safe!


Deborah Nelson & Jeff Boyd named 2017 Super Lawyers

Posted on Friday, June 16th, 2017 at 5:14 pm    

Attorneys Deborah Nelson and Jeffrey Boyd have been named Washington 2017 Super Lawyers. Each year, only 5 percent of the lawyers in the state receive this honor.

The selections for this esteemed list are made by the research team at Super Lawyers, which is a service of the Thomson Reuters, Legal Division based in Eagan, Minnesota. Each year, that team undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check.

In 2003, Ms. Nelson was the first lawyer on the North Olympic Peninsula to receive the Super Lawyer honor. She has received this prestigious award every year since 2003. She is a past president of the Washington State Trial Lawyers Association (now the Washington State Association for Justice) and a past president of the Council of Presidents of the American Association for Justice. She received the Distinguished Service Award from the Clallam Pro Bono Lawyers, was twice selected as “Best Attorney in Clallam County” by a Peninsula Daily News readers’ poll, and has been named a “Woman of Distinction” by Soroptimist International Noon Club. She is a frequent speaker and author on insurance coverage.

Ms. Nelson received her bachelor’s degree magna cum laude from Armstrong Atlantic State University in Savannah, Georgia and her law degree from the University of Cincinnati College of Law.

Mr. Boyd is a member of the Board of Governors of the Washington State Association for Justice. He is licensed to practice law in both Ohio and Washington. He is also national trial consultant and owner of Boyd Trial Consulting. He received his undergraduate degree at Kent State University and his law degree from The Ohio State University College of Law. Mr. Boyd moved to Washington in 2009 and has been named a Super Lawyer every year since 2012.

Ms. Nelson and Mr. Boyd are based in Seattle and also practice law in Clallam and Jefferson counties. They focus their law practice in the areas of personal injury, insurance coverage, consumer class actions, and legal malpractice.


What to Do If Your Home Catches Fire

Posted on Tuesday, January 31st, 2017 at 5:24 pm    

A house (or office) fire is everyone’s worst nightmare.  It happens quickly, but its devastation is long lasting – and no one is prepared for it.  Here are some tips about what to do if disaster strikes:

  1. Call Your Insurance Agent.

Do this immediately.  Ask your agent to report the claim to your insurance company.  Ask the agent for the phone number to the claims office, the name of your adjuster, your claim number, and any other information you will need in order to contact the adjuster yourself in the future.  Although your agent probably won’t know this information right away, they should call you back shortly with that information.  ALSO – be sure to get a copy of your insurance policy and the Declarations Page.

  1. Read Your Insurance Policy and Declarations Page.

The Policy is a generic booklet that doesn’t have your name on it.  It explains the various types of insurance coverage you have and what you must do in order to qualify for benefits.  The Declarations Page has your name on it and tells the dates when coverage applies and the types and amounts of insurance coverage you have.  Important things to look for are whether you have “Replacement Cost Coverage” and “Building Code Upgrades” coverage.

  1. Keep Your Receipts and Be Organized!!

You will incur many expenses from food to lodging to replacing your personal property and home.  Some of these expenses will be covered, if you have proof of them.  The insurance company will require receipts for everything.  The more organized you are, the quicker and easier the insurance company will be able to pay your claim.

  1. Find a Place to Stay.

Whether you are planning to buy another home or rebuild your home, you will need to find a place to stay.  Your insurance company’s “Additional Living Expense” coverage will reimburse you for the cost of a place to stay and food to eat (to an extent).  If you stay with friends or family, it probably won’t reimburse you because you haven’t incurred a cost, so it is better to go ahead and use your insurance coverage and find a place to live temporarily.

  1. “Like Kind and Quality.”

If you had Replacement Cost Coverage for your personal property or home, your insurance company will pay you for the cost of actually replacing the items you lost.  If you don’t have this coverage, you will only be reimbursed for the value of what you lost at the time it was destroyed.  This is usually “garage sale value.”  However, you must purchase “like kind and quality” goods to reimburse what you lost.  If you buy a more expensive item, the insurance company will not pay you the difference. 

  1. Find Proof of What You Lost.

The insurance company will require you to file a Notice of Claim or an Inventory listing all of the items that were destroyed, the date you acquired them, the cost of the goods when you acquired them, their value when they were destroyed, and the cost you spent to replace them.  Do your best to locate receipts of your original purchases – credit card statements are a great place to start.  You may also be able to use photographs to prove you had the item and its quality.

  1. ALWAYS Tell the Truth!

The insurance company will be investigating you at the same time it is investigating your claim.  Insurance fraud is a serious matter and can result in not only the denial of your claim, but also your criminal prosecution and imprisonment.  People who have had legitimate fire losses have found themselves on the wrong side of the law because they lied about their contents claim and listed items they didn’t own or exaggerated their value or quality.  Do NOT lie to the insurance company, even a little.  Insurance companies routinely work with law enforcement and will tell on you if they think you are committing insurance fraud.

  1. Contact a Lawyer Immediately if the Insurance Company Demands an “Examination Under Oath.”

You are required to cooperate with your insurance company, but if it demands that you submit to an Examination Under Oath, it is very likely that the insurance company is suspicious of you and your claim.  If this happens, you need an attorney immediately.  Do NOT submit to an Examination Under Oath without first hiring an attorney who is experienced in litigating insurance claims and representing clients at Examinations Under Oath.

If you’re in need of a lawyer, call Nelson Boyd at 206-971-7601.


You are Driving Distracted

Posted on Friday, January 13th, 2017 at 10:37 pm    

…and probably don’t even know.

When people hear the term, “distracted driver,” they often assume that if they are not using their cell phone, they are not “distracted.”

This is not the case – there are dozens of distractions that can cause a crash resulting in injury to you or others.  

Being tired

The effects of driving sleepy have recently been compared to those of driving while intoxicated. Falling asleep at the wheel is a sure way to cause a crash. Sleepy driving tips:

    1. Do not drive when you are too tired!  If you are tired when you start your journey, you will become even more tired during the journey; endangering yourself and others.  Don’t do it!
    2. Down some caffeine – have a cup or two of your favorite brew
    3. Keep it cool – if it’s winter, crack the window and let the cool air keep you from getting overly comfortable, in the summertime, turn up the AC
    4. Buddy system – if possible, drive with a passenger who can engage you in conversation to keep your mind stimulated

GPS

Directions are a great way to get to your destination, but not if the driver is constantly referring to a screen instead of the road. GPS tips:

    1. Co-pilot – if you have one, delegate navigational responsibilities to your passenger
    2. Set it and forget it – set your route ahead of time, before hitting the road. If you need to change anything, pull over and adjust your information rather than attempt the risk of doing it while driving
    3. Old school – as hard as it is for us to let go of our technology, busy roads and highways are still full of signage, dictating which lanes and routes necessary to reach popular towns

Music

Music is a wonderful accompaniment to a long drive, or a busy traffic jam, but remember, anytime your focus is taken off of the road, you are by definition, distracted; even if you’re just quickly searching for your favorite radio station. If your steering wheel has the controls, use them, otherwise resist the temptation to channel surf while driving.  Also keep in mind that if your music is too loud, you won’t be able to perceive problems on the road or sirens near you.

Window Shopping

This could mean literal window shopping as you drive through a busy boutique-lined city, or even just trying to see what’s going on at the rally on the corner, or craning your neck to check on the car wreck you just passed. Of course it’s tempting – our eyes are drawn to bright colors and flashing lights, but do try to avoid this nasty habit – causing a crash of your own is not worth it to temporarily satisfy your curiosity.

In a Rush

Although it may be hard to recognize, being in a rush can distract a driver. Their mind is no longer just on the road, but perhaps is focused on the side-effects of their tardiness, keeping their mind from focusing on the present task of safe driving. Set out early enough to avoid this risk.

Remember, being late is better than being rushed to the ER for causing a wreck.

Eating

Eating while driving is okay, as long as both hands are on the wheel and your attention is focused on the road and your surroundings.  A potato chip or two is probably fine, but a burrito is not.  Use common sense and avoid the distractions (and mess) that accompany driving and eating.

Children

Kids tend to be distracting anyway, but be sure to use extra caution when driving with children.  Turning around to answer a question or discipline a child can take your eyes and attention off the road and your surroundings before you know it!

Remember, you’re not the only one out there on the road.

Please make wise driving decisions for yourself and others.

If you’re in need of a lawyer, call Nelson Boyd at 206-971-7601.


What Your Lawyer Wishes You Knew: Your Prior Injuries Matter

Posted on Friday, January 13th, 2017 at 3:30 pm    

Xray Broken Bone

Your Prior Injuries Matter

People sometimes assume that things that happened to them before they were injured don’t matter. For example, why would anyone care if you had been in a car wreck five years ago or had surgery on your knee after a skiing accident three year ago? The fact is that these things matter. And they might matter a lot, depending on your case.

When you are injured as a result of someone else’s carelessness, that other person (or their insurance company) are required to pay you for:

  1. the injuries they cause
  2. prior medical conditions that they worsen
  3. dormant medical conditions that only started bothering you after this injury.

As personal injury lawyers, we are required to prove your case. We must prove that the other person’s conduct was wrong and we must prove how you were harmed as a result of that conduct. If you had suffered any prior injuries to your body in the areas where you were injured this time, we need to determine what those prior injuries were, how well you had recovered from them, and how badly your body was re-injured. This isn’t an exact science; it requires a great deal of work to be able to properly prove these harms.

If you suffer injuries to a part of your body that had been injured before, it is important that you tell your lawyer about this. It is also best for you to return to your original physician to have them take a look at your new injuries. They are in the best position to know how badly you have been re-injured. It’s all about comparing your physical condition “before” and “after” the incident.

If you’re in need of a lawyer, call Nelson Boyd at 206-971-7601.


What Your Lawyer Wishes You Knew: You are Bound by the Contracts you Sign

Posted on Tuesday, January 10th, 2017 at 10:00 am    

Signature

You are Bound by the Contracts you Sign

People often need an attorney because they have been injured or have been harmed in some way. Sometimes those harms are physical and sometimes those harms are more of a business matter, such as when a contract has been breached.

We’ve often heard people say “don’t sign a contract if you haven’t read it,” but how many of us actually read (and understand) the contracts we sign? We are faced with contracts in so many areas of our lives. If we buy something that costs a lot of money, we sign a contract (e.g. buying a house, renting an apartment, buying a car). We also sign contracts when we want to do something (e.g. joining a gym, participating in a sport, etc.). And, of course, we sign contracts when we obligate ourselves to a debt (e.g. credit cards, mortgages, lines of credit, loans).

If you sign a contract, you will be held responsible for fulfilling your obligations under that contract, even if you don’t know or understand what is in the contract and even if you didn’t read it. Don’t assume that “they won’t sue me” or that some term of the contract won’t be enforced. Instead, assume that all terms of the contract will be enforced against you.

So, next time someone asks you to sign a contract, be sure that you read it thoroughly. Ask questions about the parts you don’t understand. And decide whether it is really worth it to obligate yourself to the promises you are making in the contract.

If you’re in need of a lawyer, call Nelson Boyd at 206-971-7601.


ARE YOU A SAFE BUS RIDER?

Posted on Wednesday, January 4th, 2017 at 1:18 am    

Riding the bus seems simple enough, right? But let’s face it – a bus is a motor vehicle operated by a human, traveling at high speeds around other human-operated motor vehicles. Errors can happen that result in crashes.

So then, what can you do to ensure you’re the safest possible bus rider?

Take a seat!

If there are seats available, sit down. Even without a seat belt, you are safer off sitting down than standing, and way less likely to be thrown off balance with any sudden stops.

Hold on!

If the bus is packed, take advantage of the loops and poles provided and hold on tight. You never know when the brakes might go on unexpectedly.

Pay attention

It is so easy to get lost in our palm-sized screen at the start and end of each day, but it’s important to pay attention to what is going on outside in case of any sudden maneuvers the driver must make, especially if you are standing.

Keep an eye out

Not everyone will be paying attention. That’s a fact. If you notice something, feel free to tell others around you so they can prepare.

Watch your head

This is more for the pedestrians and/or those waiting at bus stops. Back up off the curb. The side mirrors on buses stick out far enough to bop you on the head as they drive past, and it’s very likely the driver wouldn’t even notice.  Also, watch your head as you get on and off the bus, in case something is in the way.

If you’re in need of a lawyer, call Nelson Boyd at 206-971-7601.


What Your Lawyer Wishes You Knew: There Are No “Slam Dunks”

Posted on Thursday, December 29th, 2016 at 11:00 am    

Slam Dunk

There Are No “Slam Dunks”

Sometimes, people call us and say their legal case is a “slam dunk” and that it will be really easy. That is very rarely the case. In fact, nearly every case has at least one or two factors that make it complicated.

The law itself is complicated and there are often problems regarding:

  • insurance coverage
  • reimbursement requirements
  • joint and several liability
  • pre-existing medical conditions
  • liability concerns
  • causation problems

Cases require experience, strategy, and planning in order to bring them to justice. Unless you have practiced this type of law yourself in our jurisdiction, you can’t know everything that can come into play – and we don’t expect you to.

Instead, you need an experienced attorney who knows how to litigate personal injury and insurance cases. You need someone who can analyze all the legal issues – both the ones that you can see and those you can’t. You need someone who knows how to prepare a case properly and who will marshal their legal experience and knowledge for your benefit. This takes time. There generally isn’t a uniform solution to every case. Your case is just as unique as you are.

When shopping for a lawyer, instead of assuming that your case is a “slam dunk” and it will be easy, interview the lawyer you may select. Find out how they view the case, what their experience is with cases like yours, and how they plan to handle your case to obtain justice for you.

If you’re in need of a lawyer, call Nelson Boyd at 206-971-7601.


A Personal Year-End Inventory

Posted on Monday, December 19th, 2016 at 12:00 pm    

PERSONAL INVENTORY

Many people focus on New Years’ Resolutions and end up feeling disappointed in themselves and depressed by St. Patrick’s Day (or sooner) because they have fallen short of the lofty goals they set for themselves. Instead of (or before) focusing on New Years’ Resolutions, I think it is helpful to take a look back on the year in December and see where I’ve been. I consider this a part of my gratitude practice. Here are some suggestions for you:

  1. List 5 Things You Are Proud Of.

Maybe these are things you overcame during the year, maybe they are new friendships, challenges conquered, goals achieved. I’m sure if you try, you can find at least 5.

  1. List 5 Things That Worked.

What things worked for you this year? Did you start walking to work so that you increased your daily step average? Maybe you got up early in the morning to meditate before work. Perhaps you joined a book club. Identify at least 5 things you did this year that made your life easier, more enjoyable, or more fun.

  1. List 5 Things That Didn’t Work.

Which things didn’t work for you this year? Maybe they were new things you tried that just didn’t work well. Perhaps you kept doing something this year that didn’t serve your life well. You might have tried something new and found that it didn’t work as well as you expected, or found that it wasn’t necessary.

  1. List 5 Things You Are Grateful For.

Maybe these are things that happened to you. Maybe they are things that you made happen. Maybe they are things that you finally noticed. Whatever it is, I’m sure you can think of at least 5 things for which you are grateful.

  1. List 5 Things That You Are Tolerating.

Think of this as things that you are “putting up with.” These are usually things that waste your time, sap your energy, and decrease your joy. They might be major things like living in a place you don’t like, working at a job that doesn’t feed your soul, or staying in an unhealthy relationship. They could be much more minor, like home improvement projects that never get completed, tools or appliances that don’t work, or computer programs that drive you crazy. Make an honest list of what you are “putting up with.”

At the end of each year, I do a personal and professional inventory. I fill out these lists, reflect on the year just completed, and then I’m ready to plan for the new year. I give myself a pat on the back for the things I’ve achieved, resolve myself to do away with the stuff that just doesn’t work, and look forward to achieving new goals in the New Year and being more present in my own life. Taking inventory has an amazing way of invigorating and centering me. I highly recommend it!


MYTH: My Case is Easy Because the Other Insurance Company “Accepted Liability”

Posted on Monday, December 19th, 2016 at 10:00 am    

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MYTH: My Case is Easy Because the Other Insurance Company “Accepted Liability”

If you are in a car wreck and you talk to the other driver’s insurance adjuster, they will sometimes tell you that they “accept liability.” People often think this means their case will be easy and that the insurance company won’t dispute their claim. WRONG. 

Insurance companies can – and will – dispute both the cause of the collision and the extent of your injuries. Even with rear end or head on collisions, insurance companies claim that the collision was not their client’s fault and that YOU were at fault! Yes, this sounds like a frivolous defense, but insurance companies do this in nearly every single case, regardless of what the adjuster tells you.

Insurance companies also deny that you were injured at all in the collision and/or they say the injuries were your fault, you didn’t do what you could to recover, or that your injuries existed before the collision! Again, this is standard practice for insurance companies.

Even if you think your case is a “slam dunk” because the insurance company “accepted liability,” you need an experienced attorney to represent you in order the prove that the other party caused the collision and that you were injured as a result.

If you’re in need of a lawyer, call Nelson Boyd at 206-971-7601.