Attorney

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.


What Are The Dangers of Riding a Scooter?

Posted on Wednesday, October 21st, 2020 at 8:00 am    

Before you jump on a scooter, you need to be aware that there are three likely dangers of riding a scooter.

  1. You might get injured. Obviously, no one wants to get injured and everyone assumes they won’t get injured when they get on a scooter BUT the chances of injury on a scooter are much higher than when driving a car, walking, riding a bike, or riding a motorcycle. Cars and trucks can’t see you very easily if you are riding a scooter.  Runners, walkers, and bicyclists may be unaware that you are nearby and may dart out in front of you.  The scooter may malfunction and cause you to be injured.  You may make a mistake while riding that results in your injury.  In addition, the injuries you suffer on a scooter are much more likely to be more serious because you don’t have the protection of being inside a car, most people don’t wear helmets, and scooters travel faster than you can walk or run.  People break bones, suffer brain injuries, and face very serious injuries on scooters.
  2. You might injure someone else. No one wants to injure anyone else while they are riding a scooter and people always assume they won’t.  But it happens far too often. Sometimes it may be the other person’s fault, sometimes it may be your fault.  Either way, it is a terrible situation and you may face criminal penalties and/or you may get sued. This most often happens when inexperienced people ride scooters, especially in places with which they are unfamiliar, or which are not suitable for riding scooters or when they are impaired. The injuries that others suffer are just as serious as injuries you may suffer.
  3. You might suffer devastating financial consequences. Most people never think of this danger, but if someone is injured, whether it is you or someone else, there is always an expense associated with it. If you are injured, you will have medical bills and very likely will lose wages.  Who will pay that?  And how much will it cost?  If you injure someone else, you will be responsible for not only that person’s medical bills and wage loss, but also an additional payment to them for the pain and suffering you caused.  Those numbers can add up quickly.  Unfortunately, most insurance does not cover injuries that you cause while riding a scooter and it may not provide coverage to you if you are injured.  Even if you have health insurance, you will still have to pay your deductible and co-pays and there may be some things that are excluded from insurance.

Before you get on a scooter, make sure you know and understand the dangers and that you are prepared to face them physically and financially.


Are Scooters Safe?

Posted on Wednesday, October 14th, 2020 at 8:00 am    

Scooter rentals are available in many cities, including Seattle, as well as near many tourist attractions.  They look like a fun, easy way for the whole family to get from one place to another quickly and see the sites.  BUT, are they safe?  The answer is, “it depends.”

Before getting on a scooter, you should ask yourself the following questions?

  1. Is this specific scooter safe? Take the time to look carefully at this scooter.  Do all of the brakes work?  Do the handlebars work and turn properly? Are the tires in good shape? Is the place where you stand big enough for you and does it look properly maintained? Are there lights or reflectors on the scooter? Does the scooter make any strange noises when you operate it? Does anything feel loose?
  2. Do I know how to operate this scooter? Have you ever ridden a scooter before? If so, have you ridden a scooter like this one before? Do you know how to make the scooter start moving? Do you know how to control the speed? Do you know how to slow down and stop? Do you know how to turn? Do you know where to stand? Do you know how to balance your body on the scooter? How will you alert people in front of you that you are there? What will you do if someone (car or pedestrian) darts in front of you?
  3. Am I safe to drive this scooter right now? Have you been drinking? Have you taken any drugs (prescription or otherwise) that might impair your ability to operate the scooter?  Are you wearing a helmet?! How do you feel today?  Is there anything at all that might impair your ability to recognize a danger and avoid it? Are you able to devote all of your attention to operating a scooter?
  4. Is the area where I plan to ride safe for scooters? Do you know where you are going and the route you will take to get there? Have you ever ridden a scooter like this in this area? If you are in an urban area, are there marked places for you to travel? Do you know what the laws are about scooters on sidewalks (hint – don’t ride there!)? If you are in an area with hills, will the scooter go up them? If not, what is your plan for getting up those hills? If there is a marked bicycle lane, are scooters allowed to use it?
  5. Are the weather and traffic patterns safe for riding a scooter? Is it rainy, icy or windy? Is the sun rising or setting and does it create blind spots for people facing it (either you or people driving vehicles)? Is it rush hour or an especially busy time? Is it dark outside? Are there buses or trucks nearby (they might not see you)? Are there lots of bicyclists or runners nearby (they might dart out in front of you)?
  6. Do I have sufficient insurance coverage in case I hurt someone? Do you have homeowner’s insurance or renter’s insurance? If so, will it provide insurance coverage if you injure someone? Do you have auto insurance with Personal Injury Protection insurance and Underinsured Motorist coverage? Do you have health insurance? Regardless of the insurance you have, do you know if it will protect you if someone injures you while you are riding a scooter? Likewise, do you know if your insurance will protect you by paying someone that you might injure while riding a scooter? Are you prepared to pay for the medical bills out of your own pocket if your insurance won’t pay your bills? Are you prepared to pay out of your own pocket for someone else’s medical bills if you injure them and your insurance won’t pay for it (note that this means you may get sued and have your wages garnished)?  Unfortunately, many insurance companies do NOT pay for injuries related to scooter riding.

You should only get on a scooter if you can answer “Yes” to each of these questions.  If you don’t ask yourself these questions or if your answer is “No” to any of these questions, you may be risking serious injury or death, either for you or someone else.

Sure, scooters are fun, but only if they’re safe.  Be sure to take the time to ask these questions.


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


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.  


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.

 


2017 #SafetySaturday Recap

Posted on Tuesday, December 12th, 2017 at 10:00 am    

And just like that another year has gone. It is our goal to keep you as safe as possible, therefore we have been diligently offering up tips every Saturday, from swimming in open water, to safely sharing the trail with wheelchair users. As we bring 2017 to a close, we are offering you a recap of our articles from earliest to most recent. Thanks for reading!

Click each photo for its article to enjoy…and remember…

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


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.