I was on a jury and the plaintiff asked for her medical bills to be paid. I assumed that the medical bills were all covered by insurance. Is that right?

In Washington, evidence about whether or not a plaintiff’s medical bills have been paid by any type insurance is kept out of evidence at trial. Sometimes, however, a jury will attempt to account for the fact that insurance has paid the medical bills and adjust their award accordingly. This is a big mistake.

If you are on a jury in a personal injury case you should not do this. The reason is that insurance is not simple and different insurance rules apply to every case. Many insurance companies require that their client pay them back for all medical bills should they win a case. Out of fairness Washington state law requires that insurance not be mentioned at all in evidence.

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