Jeff Boyd

Yes, You Can Afford a Lawyer!

Posted on Wednesday, August 19th, 2020 at 6:00 am    

Most of the work our law firm does is done on a “contingency fee basis.”  And, yet, people still call us and say that they can’t afford a lawyer. We often hear “I don’t have any money to pay you right now” or “I wasn’t expecting to need a lawyer.”  Fortunately, with the “contingency fee,” you don’t have to worry about that.

A “contingency fee” is generally used on cases involving personal injuries where a person has been injured as a result of someone else’s negligence and they are entitled to a lump sum of money to compensate them. These cases often take 2-3 years to resolve and sometimes require hundreds or even thousands of hours of legal work before they are ready to resolve, regardless of whether the resolution results from a settlement or a jury verdict. Obviously, paying a lawyer for years of legal work would be extremely expensive and most people couldn’t afford it.

The contingency fee provides payment to the lawyer at the end of the case— if they win the case for you and recover money on your behalf. The contingent fee starts at 1/3 of the case and can increase depending on whether the case goes to trial or is appealed, as well as the subject matter of the case. More complex cases often require a higher fee. If the lawyer does not win your case, they don’t get paid anything for their time.

Obviously, lawyers must be choosy about the cases they accept under this system because they are committing to work for you for years without being paid and they are risking not getting paid at all if they don’t win. For that reason, lawyers are generally very careful about getting lots of details about your case, as well as about the party who harmed you. After all, if the person who harmed you doesn’t have sufficient (or any) insurance or assets, it doesn’t matter if they can win the case because there will be no money to recover or to pay the lawyers or you in the end.

The law requires that contingency fees be reasonable and that they be in writing.  You should feel comfortable enough with the lawyer you hire to make sure that you understand the employment contract (“fee agreement”) you sign with them and that they answer any questions you have about it.

The contingency fee is a benefit to injured consumers. It enables them to afford a lawyer to represent them, and results in the lawyer and the client being partners in the case because it benefits both of them. They should truly be working as a team.

At Nelson Boyd, we believe in teamwork. Not just amongst ourselves, but also with you. We consider ourselves partners with you in your case– to achieve the very best result for your case. If you have been injured, please give us a call at (206) 971-7601 and let us see if we can help you


What You Need to Know About Personal Injury Protection (PIP) Insurance

Posted on Saturday, March 7th, 2020 at 4:04 pm    

Personal Injury Protection (“PIP”) insurance is one of the cheapest and most important types of insurance you can purchase.  Everyone should have PIP insurance.  It is as simple as that.

PIP insurance protects you and the passengers in your car if you are injured in a collision.  It doesn’t matter who is at fault for the collision.  PIP insurance should cover you even if you cause the collision.  It also covers you if you are a pedestrian, a passenger in someone else’s vehicle or if you are riding a bicycle.  PIP insurance is one of the most comprehensive and important types of coverage you can buy – and, if you don’t have it, you will be sorry that you didn’t purchase it.

Here is what PIP insurance will do for you – it will pay benefits for:

  • Medical treatment you seek for injuries you suffer as a result of the collision
  • Limited wage loss benefits
  • “Loss of Services” benefits for things that you are unable to do due to your injuries
  • Funeral benefits

There are, of course, limitations and fine print.  Here are some of the limitations that generally apply to most PIP insurance policies:

  • Medical care must be received within 3 years from the date of the collision
  • Medical care must be “necessary” to treat injuries you suffered
  • The cost of the medical care you receive must be “reasonable”
  • The medical care must be provided by a licensed healthcare provider
  • You must be out of work for two continuous weeks as a result of your injuries before you are eligible for PIP wage loss benefits
  • Wage loss benefits last for only 52 weeks
  • Wage loss is payable at only 85% of your regular wage with a limit of $200.00 maximum payable per week
  • You must be able to prove that you were receiving wages before the collision and the amount of those wages
  • The person who performs the “services” you are unable to do may not be a member of your household
  • The daily limit on the amount you may be reimbursed for “services” is a maximum of $200.00 per week up to a maximum limit of $5,000.
  • You must provide the name, address, phone number, and Social Security Number for the person who performs your “services”
  • You may need to have a doctor’s note verifying that you are unable to perform the “services” yourself as a result of your injuries
  • Funeral benefits are limited to a maximum of $2,000.00

You may be thinking “But I have health insurance, why do I need PIP?”  The simple fact is that PIP insurance has many important benefits that you simply can’t get from your health insurance policy.  Here are some of the benefits of PIP insurance:

  • No preauthorization requirement
  • No co-pays
  • No deductible
  • PIP insurance pays 100% of the medical bill
  • You may see any healthcare provider you want
  • You do not need a prescription in order to see a massage therapist, physical therapist, etc.

So – how much PIP insurance do you need?  There are three basic levels of PIP insurance sold in Washington.  The lowest level is $10,000.  This means that PIP insurance will pay up to $10,000 per person who is injured.  The second level is $35,000.  The third level is $100,000.

We think you should have at least $35,000 in PIP coverage.  The cost of healthcare is rising.  What if you were seriously injured in a collision and were transported to the hospital by ambulance and you had an MRI at the hospital and then needed to see your doctor and possibly have surgery afterwards?  If you had only $10,000 in PIP coverage, it probably would have run out while you were at your doctor’s office, leaving you to find a way to pay for the surgery yourself.  Even if you have health insurance which will start paying after your PIP is exhausted, you will still have a deductible, co-pays, preauthorization delays, and may be limited in the choice of your doctor or hospital.

One more important thing for you to know – if someone else caused the collision, neither that person nor their insurance company will pay you one dime until you are ready to settle your claim!  This means that they will not pay any of your medical bills while you are getting treatment, regardless of how badly you are injured, how little money you have, how much money or insurance coverage the other person has, or how much at fault the other person is.  In other words, you could be seriously injured by a drunk driver who has a $1 million insurance policy and need surgery, but that drunk driver won’t have to pay you a dime until you are ready to settle your case.  If you don’t have PIP insurance and cannot afford medical treatment, you will end up settling your case for far less than it is worth and you won’t be able to ask for more money if you later realize that your injuries are not fully healed.

The system may not seem fair to you, but this is the stark reality of the insurance world.  It isn’t fair and you have to protect yourself.

We strongly urge you to contact your insurance agent and purchase PIP insurance today.  It is one of the most important things you can do to protect yourself and your family.

The attorneys at Nelson Boyd have over 50 years of combined legal experience in representing injured people and fighting insurance companies.  If you have been injured, if you have an insurance claim, or if you just have questions about insurance coverage, please contact us at (206) 971-7601Nelson Boyd – We Care.  We Can Help.  www.nelsonboydlaw.com


Jeff Boyd Inducted as Member of the American Board of Trial Advocates (ABOTA)

Posted on Monday, December 9th, 2019 at 8:43 pm    

We are excited to announce that Jeff Boyd on his acceptance into membership of the American Board of Trial Advocates (ABOTA). This prestigious invitation-only group is comprised of both plaintiff and defense lawyers which include only 7,500 lawyers and judges in the United States who (1) meet the requirements of serving as first chair of a certain number of trials, and (2) are respected by colleagues from both sides of the practice (a new member must be approved by the local chapter and national organization).

For more information, click the image below:

Nelson Boyd Press Release


Are You Safe On The Slopes? Skiing And Boarding.

Posted on Thursday, December 5th, 2019 at 12:00 pm    

If you ski, you have seen the bumper sticker:

“A bad day on the slopes beats a good day in the office.”

Skiing makes me a little kid again, flying through the air (well, sort of) through the prettiest scenery on earth. But no one can deny that there is more to getting down the slope than the “flying” part. No one wants to end up in that sled being guided down the hill by the Ski Patrol – and no one wants to hurt anyone else, either.

In fact, safe skiing is more than a good idea, it is the law. Washington (and most other skiing states) has laws in place specifically geared toward safety on the slopes. Although there are details, the core values are:

“. . . all persons using the ski hill shall exercise reasonable care for their own safety.” and “Every person shall maintain control of his or her speed and course at all times. . .”

Also, did you know that leaving the scene of a ski accident without providing personal identification is a crime, just like leaving the scene of a car wreck? It is! If you are involved in a collision, or cause one even if you are not hit, stop, look after the injured, and call 911 or the ski report immediately.

Revised Code of Washington 79A.45.030,

“Standard of conduct–Prohibited acts—Responsibility” states:

(1) In addition to the specific requirements of this section, all skiers shall conduct themselves within the limits of their individual ability and shall not act in a manner that may contribute to the injury of themselves or any other person.

(2) No person shall:

(a) Embark or disembark upon a ski lift except at a designated area;

(b) Throw or expel any object from any tramway, ski lift, commercial skimobile, or other similar device while riding on the device;

(c) Act in any manner while riding on a rope tow, wire rope tow, j-bar, t-bar, ski lift, or similar device that may interfere with the proper or safe operation of the lift or tow;

(d) Willfully engage in any type of conduct which may injure any person, or place any object in the uphill ski track which may cause another to fall, while traveling uphill on a ski lift; or

(e) Cross the uphill track of a j-bar, t-bar, rope tow, wire rope tow, or other similar device except at designated locations.

(3) Every person shall maintain control of his or her speed and course at all times, and shall stay clear of any snow grooming equipment, any vehicle, any lift tower, and any other equipment on the mountain.

(4) A person shall be the sole judge of his or her ability to negotiate any trail, run, or uphill track and no action shall be maintained against any operator by reason of the condition of the track, trail, or run unless the condition results from the negligence of the operator.

(5) Any person who boards a rope tow, wire rope tow, j-bar, t-bar, ski lift, or other similar device shall be presumed to have sufficient abilities to use the device. No liability shall attach to any operator or attendant for failure to instruct the person on the use of the device, but a person shall follow any written or verbal instructions that are given regarding the use.

(6) Because of the inherent risks in the sport of skiing all persons using the ski hill shall exercise reasonable care for their own safety. However, the primary duty shall be on the person skiing downhill to avoid any collision with any person or object below him or her.

(7) Any person skiing outside the confines of trails open for skiing or runs open for skiing within the ski area boundary shall be responsible for any injuries or losses resulting from his or her action.

(8) Any person on foot or on any type of sliding device shall be responsible for any collision whether the collision is with another person or with an object.

(9) A person embarking on a lift or tow without authority shall be considered to be a trespasser.

We hope you never need a lawyer.

But if you are in a crash this winter, call Nelson Boyd at 206-971-7601.


Deborah Nelson and Jeffrey Boyd named to 2018 Super Lawyers List

Posted on Wednesday, August 22nd, 2018 at 4:23 pm    

The team at Nelson Boyd Attorneys is pleased to announce that Deborah Nelson and Jeffrey Boyd have been named Washington 2018 Super Lawyers. Only five percent of lawyers in the state receive this honor each year.

This is not the first time that the attorneys at the firm have been recognized nationally by Super Lawyers for their work on behalf of their clients. Attorney Deborah Nelson was the first lawyer on the North Olympic Peninsula to receive the Super Lawyers honor and has earned this selective award every year since the first designation in 2003. Attorney Jeffrey Boyd has also received the Super Lawyer honor every year since 2012.

About the Super Lawyers Award

Super Lawyers (a Thompson Reuters business) recognizes outstanding lawyers across more than seventy practice areas. Only candidates who have attained a high degree of professional achievement and recognition among their peers in the legal community qualify for this designation.

 


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 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.


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.