Is it better to default on a personal injury lawsuit or go to jury trial and be reamed for millions in punitive damages

Asked 12 months ago - Gadsden, AL

im a alleged responsible party in a wreck, they send me a packet with request for place and time to be deposed, it was 60+miles away and just not possible i go there, but emailed said attorney and told him to come here. they told me to answer series of questions or i will be in default. there claiming personal injury, permanent injury, future "large" sums of money for medical bills, unable to peruse normal activities, property damages, "greatly" diminished future earnings capacity, lost work time, and all other damages entitled by law. which demands judgement against defendants severally for compensation and punitive damages in a amount determined by a jury. if i default then i can bypass jury and punitive damages??? can a judge determine punitive damages or just make me pay for damage

Attorney answers (5)

  1. Samuel Cohen

    Contributor Level 20

    6

    Lawyers agree

    Answered . Retain counsel right away. When you do not appear just about anything can happen. If you had insurance make sure the insrance company is notified and speak only to the insurance carrier and your lawyer.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am... more
  2. Randy William Ferguson

    Contributor Level 19

    4

    Lawyers agree

    Answered . Were you intoxicated or just an accident? Talk to an attorney before you do anything.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  3. A. Wilson Webb

    Contributor Level 12

    4

    Lawyers agree

    Answered . Take this case very seriously! If you do nothing and there are facts to support their claims for punitive damages, you may even be barred from bankrupting against this case.

    No attorney-client relationship exists or is created by the answering of questions on Avvo or by any email... more
  4. Kevin H. Pate

    Contributor Level 20

    4

    Lawyers agree

    Answered . As you are being contacted directly by an attorney, I presume you do not have counsel. Is this because you did not have insurance in place? If you did, you absolutely need to contact that carrier and make them aware of the litigation, even if you are no longer with them, but were at the time.

    You need counsel in this matter. Staying away is not your answer.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . I don't know what a "said" attorney is, but best bet is to get a lawyer to fight it

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