Bellevue Personal Injury Attorneys

Getting hurt in an accident is stressful enough without also worrying about who is going to pay the medical bills or how a claim will eventually be resolved. Bellevue residents who have been injured, whether as a pedestrian, in a vehicle crash, or in some other type of accident, often have questions about their medical expenses and about what happens if the case cannot be settled through simple negotiation. The Bellevue personal injury attorneys at Walker, Billingsley & Bair have put together this guide to help answer those questions and to help injured Bellevue residents understand their options.

Who Should Pay a Bellevue Resident's Medical Bills?

Who pays for medical treatment after an injury depends heavily on how the injury happened. For a Bellevue worker hurt on the job, the answer is generally straightforward. In most cases, the employer and their insurance company are required to provide medical care and treatment, including paying for all treatment that is offered. If the injury is severe, this can extend to home modifications and even lost wages for a spouse or loved one who takes time away from work to provide care. There are also circumstances where an employer or their insurer can be responsible for medical expenses incurred with a provider that was not approved. For example, if a work injury claim has been denied, the employer loses control over the medical treatment and may still be required to pay the bills. There are other limited situations where a worker can seek treatment from a non-approved provider and still have those bills covered.

Medical Bills After a Car or Truck Accident

For a Bellevue resident hurt in a car or truck crash, the situation looks quite different. Rarely will the other driver's insurance company make ongoing payments toward medical bills, even when liability is obvious and property damage has already been paid. The other driver's insurer is not required to pay medical bills as they are incurred, and insurance companies routinely wait to make any payment until a final settlement can be reached in exchange for a release. Because of this, an injured Bellevue resident should not expect the at-fault driver's insurance company to cover medical expenses along the way. Instead, there are several other sources that may be available to pay medical bills as treatment progresses, including:

• Health insurance provided through an employer's benefits package
• Personally purchased health insurance
• Health insurance obtained through a spouse, or through parents for a minor still living at home
• Medical payments coverage under an auto insurance policy, whether the person was driving their own vehicle or riding as a passenger
• HealthCare.gov or Medicaid, for those who may qualify for coverage under the Affordable Care Act
• Personal funds, for those who are uninsured and able to pay bills as they come due

It is also important for Bellevue residents to understand that almost all insurance policies include a subrogation provision. This means the insurance company that paid medical bills on a person's behalf generally has the right to be reimbursed if that person later recovers money for those same bills from another party or insurer. Because insurance companies are not looking out for an injured person's interests, it is wise to fully understand these provisions before signing any paperwork.

Pedestrian Safety Tips for Bellevue Residents

As the weather warms and more people head outdoors, drivers throughout Bellevue need to watch closely for pedestrians, whether they are crossing the street at night or simply out for a walk. Pedestrians should also do their part to remain visible to drivers at all times, including avoiding dark colored clothing after dark.

How Bellevue Pedestrians Can Protect Themselves

A Bellevue pedestrian should never assume that a driver actually sees them. There is no way to know what is happening inside the vehicle or whether the driver is distracted. Even when standing at a crosswalk or a stop sign waiting to cross, that does not guarantee a car will actually stop. Pedestrians should make eye contact with a driver before stepping in front of a vehicle and should always allow themselves plenty of time to cross safely. Crossing in the middle of a block should be avoided entirely. Instead, pedestrians should walk to the nearest intersection. Parked cars along the side of the road can also hide a pedestrian from a driver's view until it is too late, and most drivers are not watching as closely for pedestrians outside of intersections. If a Bellevue pedestrian is crossing with a proper "walk" signal and is struck by a vehicle, the driver is most likely at fault.

How Bellevue Drivers Can Protect Pedestrians

Drivers in Bellevue have a duty to yield to pedestrians at crosswalks, and failing to do so can result in a finding of negligence. A driver must yield to a pedestrian who is crossing at the proper time and should sound a horn as a warning if necessary. On the other hand, if a pedestrian crosses during a yellow or red light and is struck, that pedestrian may be found at fault, since it is their duty to yield to vehicles in that situation. With so many drivers now distracted by cell phones and texting while behind the wheel, the risk to pedestrians in Bellevue has only increased, making caution on both sides essential.

Resolving a Bellevue Personal Injury Claim Without Going to Trial

Many personal injury cases are resolved simply through negotiation with an insurance company. Sometimes, however, a dispute calls for alternative means of reaching an agreement that can help Bellevue residents avoid taking a case all the way through trial. Understanding these alternative dispute resolution options can help an injured Bellevue resident know what to expect if a straightforward settlement cannot be reached.

Arbitration

Arbitration is one method many people use to avoid full litigation. It functions somewhat like a courtroom hearing, but with fewer rules surrounding the use of evidence. An arbitrator reviews the facts and evidence, listens to testimony from witnesses, and then makes a final decision. Arbitration is generally less costly than litigation and usually takes less time to resolve. It can be either binding, meaning the arbitrator's decision is final, or non-binding, meaning the parties may choose not to accept the decision.

Both sides must agree on who will serve as the arbitrator, and the hearing itself can be held in nearly any setting, which often makes it more convenient than a courtroom proceeding. At the hearing, both parties present their side, sometimes including opening and closing statements. Facts are established through evidence such as tangible items, medical records, photographs, video footage, and other documentation. Witnesses, including people who observed the accident or experts such as medical professionals or accident reconstructionists, may provide testimony and be cross-examined.

Mediation

An even less formal method of resolving a Bellevue personal injury dispute is mediation. It is commonly used in personal injury cases because it can save time, money, and stress while still avoiding litigation. Unlike an arbitrator, a mediator does not make a decision or ruling and does not offer an opinion on the case. Instead, the mediator's role is to let both sides share their perspective and then guide them toward a mutually satisfactory agreement, sometimes helping both parties realize they already agree on certain elements of the case.

Mediation typically begins with both parties meeting together in one room before the mediator separates them into different rooms. Offers, demands, questions, and requests may go back and forth as the mediator moves between the parties. Reaching an agreement through mediation often requires some give and take, and most people who take part in mediation should expect to make compromises. If the matter still cannot be resolved, the case may ultimately need to proceed to trial.

Weighing the Pros and Cons of Alternative Dispute Resolution

Both arbitration and mediation share several benefits, including reduced time, cost, and hassle compared to a full trial. These approaches often allow both sides to approach a dispute in a calmer, more rational manner, since litigation can sometimes stir up strong emotions. With mediation in particular, both parties remain far more involved in the decision-making process, giving them greater say in the final outcome. If a case proceeds to trial instead and the other side prevails, an injured Bellevue resident could end up with nothing, whereas mediation allows both sides to work toward an agreeable resolution together.

There are drawbacks to consider as well. Parties may spend money attempting to resolve a dispute through arbitration or mediation without reaching any result, meaning additional funds must then be spent litigating the case regardless. For this reason, it helps to have an experienced Bellevue personal injury attorney evaluate the specifics of a case before deciding which path forward makes the most sense.