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risk jury for punitive damages?

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wicky

Junior Member
I was convicted of DUI in Ohio a few years ago and have yet to go to trial for the civil case. In arbitration, the panel suggested $20,000 in actual damages and $20,000 in punitive. The damage to his vehicle was about $2500 and related medical bills for the soft tissue injury was about the same (including his yoga classes).

The insurance company has given up the fight and agreed to pay their $20k, But I simply do not have any money or assets to pay that, and am unemployed as well. I have offered significantly less (up to $5k, but they will not negotiate.

At pretrial the judge and my attorney pushed me hard to sign off on the $20k. They claim that refusing to pay indicates "I have something to hide." I wish I did, but I don't. I am in recovery for alcoholism and I fear that signing off on a deal I can't keep may jepordize that recovery. The $20k plus interest is virtually a life sentence for me at this point.

They keep telling me "don't worry, you are uncollectable." I can understand their motives for not wanting a trial (including my attorney who will likely go unpaid since I am filing bankruptcy.) The judge also blocked me from a jury trial by requiring me to post a $1000 bond to seat a jury.

Two questions. Is there any way for me to get a jury trial without coming up with $1000 (which I do not have)? And is it worth going before a jury in hopes of a more reasonable judgement? (I mean if I can't pay $20k, what's the difference if the make it $200k?)

Thanks/
 



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