Nelson Boyd Seattle Attorneys

Fact or Fiction: The Other Driver’s Insurance Company Will Pay Your Medical Bills

Posted on Friday, January 22nd, 2021 at 3:00 am    

You were in a car wreck.  It wasn’t your fault.  The other driver apologized for causing the wreck and their insurance company said it “accepted liability.”  This means that the other driver’s insurance company will pay your collision related medical bills as they are incurred, right?  WRONG!

This is a common misconception.  The other insurance company is NOT required to pay for your medical care as you try to get better – and they won’t!  Instead, YOU are required to pay for your collision related medical treatment as you incur the bills.  You will have to do this by using your Personal Injury Protection (“PIP”) insurance on your auto policy, by using your health insurance, or by paying out of your pocket.

When you have completed your collision related medical treatment and have recovered as much as possible, you may be entitled to payment of your personal injury claim, which may include reimbursement of your collision related medical expenses.  However, this usually doesn’t happen until long after the collision!  Even if a lawsuit is filed, it often takes a year or more for the lawsuit to resolve.

TIP:  Make sure you have a way to pay your medical bills.  We strongly recommend that you purchase PIP insurance in the amount of $35,000 on your auto policy.  It is far better than using health insurance.  See our blog and website for articles about PIP insurance.

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


Did Your Lawyer Commit Malpractice?

Posted on Sunday, August 30th, 2020 at 10:01 am    

We wrote recently about the Top Five Tips for Hiring an Attorney and What to Watch Out for When Hiring an Attorney.  We hope those helped you make the important decision about who to hire.  But what happens if you already hired an attorney and they made a mistake that hurt your case?  What can you do?  Do you have any recourse?  The answer is – that depends.  Attorneys are allowed to exercise their discretion about how to handle a particular case.  Some case results aren’t what either the client or the attorney hoped for, but make sense under the circumstances.  Some results, however, are caused by actual errors made by the attorney and you may be entitled to seek compensation from the attorney in those cases.  Here are some of the most common areas where attorneys make mistakes:

1. Missing a Statute of Limitations. 

There are time limits, called statutes of limitation, for when a lawsuit has to be filed with the clerk of the court for the lawsuit to be effective.  If the lawsuit isn’t filed by those deadlines, then any right to make a claim can be lost forever.  How these time periods are calculated is a very complicated issue.  First, the time periods are different in different types of cases.  Also, in some types of cases, it not only matters when an event happened, but when the injured person discovered that an event happened.  Sometimes lawyers calculate these time periods wrong, and the client’s rights are lost.

2. Not getting the right person or company served with lawsuit papers in the time allowed. 

In addition for the time limit for filing a lawsuit, there are time limits for when the necessary suit papers have to served (delivered) to the defendants in the lawsuit. If the right papers are not served on the right people in the right timeframe, it is as if the lawsuit was never filed. Unfortunately, there are cases where the lawyer serves the wrong people or serves them too late, and the lawsuit gets dismissed.

3. Having a conflict of interest with the client. 

Not all lawyers can represent all the clients who come to them with potential cases under all conditions.  A lawyer has a duty to any one client that cannot be compromised by adding other clients.  For example, a lawyer can only represent one side in a divorce case.  Another example is that a lawyer can represent only one person in a car wreck if there isn’t enough insurance to fully compensate everyone who might deserve compensation. A conflict is a serious matter and lawyers should avoid them.

4. Filing a frivolous lawsuit. 

Despite all the urban legends, and fortunately for us all, there are very few frivolous lawsuits filed.  However, the law is clear that if you hire a lawyer who files a frivolous lawsuit, you and the lawyer can be punished for doing so.  If you are counting on and following your lawyer’s advice (as you should be) and you are unexpectedly hit with sanctions, your lawyer may be accountable to you for the harm caused by filing such a lawsuit.

5. Stealing your money. 

Lawyers have to handle client matters, and client funds, with a high degree of responsibility.  This “fiduciary relationship” means that the lawyer cannot, ever, take funds that belong or may belong to a client without strict accounting and the client’s approval.  Sadly, sometimes lawyers take a client’s money when they shouldn’t.  That is always wrong, even if they make up for it later.  A lawyer should be and is strictly accountable to a client for all funds.

At Nelson Boyd, we represent clients whose previous lawyers have harmed them by committing legal malpractice.  If you think you may have a claim, please contact us at (206) 971-7601 and see our website at www.nelsonboydlaw.com.

Download Nelson Boyd Law’s “Did Your Lawyer Commit Legal Malpractice” Article as a PDF


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


Top 8 Things NOT to Do If You’ve Been in a Car Wreck

Posted on Wednesday, July 1st, 2020 at 11:09 pm    

1. Agree not to call the Police and just handle it yourselves. 

It is important to call the Police so that you have a police report and independent verification that the wreck occurred.  You also need to exchange insurance and contact information with the other driver.  If the other driver promises to pay for the repairs to your car in exchange for you not calling the police or reporting it to their insurance company, chances are, you will never hear from the other driver again and you will have no recourse to force that person to pay for the repairs.  If the police refuse to come to the scene of the collision, at the very least, get the insurance and contact information from the other driver including their insurance agent’s name and phone number and policy number.

2. Admit fault. 

Do not, under any circumstances, admit fault or say anything like “I’m sorry, it is all my fault.” “Fault” is a legal conclusion and you are not qualified to determine whether it is or is not your fault.  That is a matter for the insurance companies and, if necessary, lawyers and the legal system, to determine.  If you make an admission of fault at the scene of the wreck, or even later to an insurance company adjuster, you may be harming your legal rights.

3. Say you aren’t injured. 

Quite often, at the scene of a wreck, most people are too shaken up to know if they have been injured or to know exactly what parts of their bodies have been injured.  It is only later, after their bodies have had a chance to rest, that the full effect of the collision and any injuries begin to manifest themselves.  If you tell the police or the other driver that you aren’t injured, and then you discover later that you are injured, it is very likely that the insurance companies (and later a jury) will not believe you and may think that you are lying.  It is better not to say anything and just wait to see how your body is feeling in the hours and days after the collision and to get a thorough exam from your family doctor to see if you have been injured.

4. Fail to take photos of the damage to the cars. 

The scene of the wreck is your one chance to take pictures of the other driver’s car. If your car is towed from the scene, it may be the only chance for you to photograph your car.  If the other driver gives you fraudulent information and you don’t take a photo of their license plate, chances are that you will never find them again.  Make sure to take as many photos from as many angles as possible and download them onto your computer for safekeeping in case something happens to your cell phone.

5. Talk to the other driver’s insurance company. 

Regardless of what the other driver’s insurance company tells you, you have NO obligation to talk to them and it will only hurt your case if you do.  If you talk to them, they will want to take a statement from you.  That statement will become a permanent part of your file and WILL hurt your case, even if you hire a lawyer later.  Insurance companies are smarter than you.  There isn’t anything you can do that they haven’t already thought of and you don’t have the ability to effectively advocate for yourself.

6. Fail to promptly seek medical treatment. 

If you are injured, you need to see your family doctor promptly and follow your doctor’s treatment plan. If you wait to seek treatment or don’t follow your doctor’s advice and have gaps in treatment, the insurance company and the jury will conclude that you weren’t injured at all and that you are making a fraudulent claim.

7. Post about the wreck on Facebook. 

Anything you say and do on Facebook can and will be held against you. Insurance companies and their lawyers look on Facebook for people who have been in wrecks to see if they are posting about their wrecks and to see what they have posted in the past.  If you post something there, they will know about it.  Even if you think your page is “locked down” and your privacy filters are secure, they can subpoena your account and make Facebook or you turn over your account and see what you posted.  They can find the posts where you joked about getting a lot of money because you were in a wreck, or where you posted photos about bungee jumping just a few weeks after being in a wreck, or where you listed that your motto is “I can’t drive 55.”  Be smart and don’t post anything at all that could harm your case!

8. Wait a long time before hiring an attorney. 

The sooner you hire an attorney, the better. We can keep you from making these mistakes and more.  Too often, people with legitimate claims lose their ability to obtain fair compensation because they wait too long to get an attorney.  Don’t let this happen to you.  Call Nelson Boyd at (206) 971-7601 today.  We have nearly 50 years of experience representing people who have been injured, fighting insurance companies, and obtaining justice for our clients.  We understand what you are going through and we can help you.

 


Top 8 Things to Do if You are in a Car Wreck

Posted on Tuesday, June 30th, 2020 at 10:59 pm    

Two-car_collision_in_the_USA

1. Call the Police.

It is important to have the police prepare a report, document the scene, issue citations, and collect evidence.  If you are injured, be sure to tell the police.  If you are unsure whether you are injured, do NOT tell the police that you are uninjured since injuries often may not be apparent until several hours, or even days, after the wreck.

2. Get the other driver’s insurance information.

Get the name of the insurance company, the name and phone number of the agent, the policy number, and the dates when the insurance coverage is in effect.  Do NOT call the other driver’s insurance company before you talk to a lawyer!

3. Take photos of the damage to the cars.

Take as many photos as possible on your cell phone, from several angles. Be sure to take a photo of the other driver’s license plate!  Take photos of the damage to your car too, this is especially important if your car is being towed away.  Download these photos to your computer as soon as possible for safe keeping, in case something happens to your phone.

4. Get the complete contact information for all witnesses.

Get their complete names, home addresses, email addresses, work, home, and cell phone numbers. Get their business cards, if possible.  Do NOT rely on the police to get this information for you or rely on the witnesses to contact you later with this information.  It is also helpful to find out what each witness saw or where they were and make a note of that.

5. Write down as much detail as possible about how the wreck happened.

While you are at the scene waiting for the police to arrive, or when you get home, write down as much as you remember about how the wreck occurred, and how you are feeling.

6. Call your insurance company.

Call YOUR insurance company and report that you were in a wreck.  Ask them if you have Personal Injury Protection (PIP) insurance.  If the other driver did not have insurance, ask if you have “uninsured motorist” coverage.  If they want to take your statement, tell them that you would like to wait a few days, until you are feeling better.  Be sure to talk to a lawyer before you give a statement.  DO NOT UNDER ANY CIRCUMSTANCES talk to the insurance company for the other driver.  Regardless of what they tell you, you have NO obligation to talk to them and it will only hurt your case if you do.

7. See your family doctor as soon as possible.

If you are seriously hurt, go to the emergency room via ambulance. If you are not seriously hurt, go to your family doctor within 24 hours, 48 hours at the very latest. It is important to have your doctor examine you thoroughly to check you for injuries. A chiropractor, physical therapist, or massage therapist is not a good substitute for an M.D. for purposes of determining whether you are injured or for documenting your injuries for purposes of your case.

8. Call Nelson Boyd at (206) 971-7601.

We have over 65 years of legal experience representing people who have been injured, fighting insurance companies, and obtaining justice for our clients. We understand what you are going through and we can help you.


Fact or Fiction: I Don’t Need Health Insurance

Posted on Friday, June 12th, 2020 at 6:00 am    

For some reason, many people feel threatened, anxious, and angry when the topic of health insurance comes up.  They rail against “Obamacare,” the high cost of insurance premiums, and the complexities of obtaining health insurance coverage.  Some people refuse to buy health insurance, even though it is required by law, even though there are tax penalties if you fail to purchase it, and even though it is a good idea.

Leaving aside for the moment the political arguments surrounding health insurance, here are some practical reasons why failure to have health insurance may harm your personal injury case:

  •      If you are injured in an automobile crash and you don’t have Personal Injury Protection (“PIP”) insurance and don’t have health insurance, who will likely pay your medical bills while you recover?  Answer:  YOU!
  •      If you are injured on someone else’s property and don’t have health insurance, who will likely pay your medical bills while you recover?  Answer:  YOU!
  •      If you are injured as a result of an uninsured motorist while you are walking or riding your bike and you don’t have PIP insurance or health insurance, who will likely pay your medical bills while you recover?  Answer:  YOU!
  •      If you are injured as a result of a medical error and you don’t have health insurance, who will likely pay your medical bills while you recover?  Answer:  YOU!
  •      If you don’t have health or PIP insurance and cannot pay for medical treatment you need, what happens to your case?  Answer:  Your case resolves for MUCH less than you are entitled to because the overall value of your case is directly related to the amount of your medical bills.
  •      If you don’t have health or PIP insurance and cannot pay for the medical bills you already incurred, what happens?  Answer:  You get sent to collection and your credit gets ruined.

Note that these bad consequences will happen even if someone else is at fault for your injuries!  The person who is responsible for your injuries doesn’t have to pay for your medical treatment until the very end of the case, after you have already recovered from your injuries.

In addition, if you use PIP or health insurance to pay your medical bills, you will have to use some of the money we get you for your claim to repay that insurer, but we can often get a significant discount on what we pay back to that insurer.  Sometimes the discount is as much as 30%-40%.  Because the person who caused your injury has to pay you 100% of your medical bills at the end of the case and you only have to pay back 60%-70%, that extra money goes in YOUR pocket!

However, if you don’t have health insurance, then you will have to pay 100% of the medical bill and you will not realize any discount or cost savings at the end of the case.  In addition, if you incurred collection fees or interest, you may actually end up not being fully reimbursed.

Long story short, ALWAYS buy health insurance!!  If you are injured, it will protect you in ways you can’t even imagine.  And, since none of us can prevent every single injury or force other people to be more careful, you never know when you will need it.

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


What Your Lawyer Wishes You Knew: We are on Your Side!

Posted on Wednesday, January 1st, 2020 at 10:00 am    

We are on Your Side!

Sometimes, we hear jurors say that “the lawyers for both sides were in on it together” as if they were conspiring against the client. That is a myth, especially on contingent fee cases. For most personal injury cases, we represent people on a “contingent fee basis” which means we don’t get paid until you get paid, regardless of how much work we have done along the way. Because we get paid a percentage of what the money we are able to recover for you, this also means that the more money we get for you, the more we earn. More importantly, we take our duties as your lawyers seriously. We ARE on your side.  

For this reason, it is really important that you tell your lawyer everything. Tell them what you are worried about. Tell them what you fear. Ask them questions. And, be sure to tell them anything that might harm your case. When we have all the information, it makes it easier for us to protect you. You can trust your lawyer. After all, we are on your side.  


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!