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I was in a vehicle accident in Kentucky almost 2 years ago where a vehicle stopped suddenly in front of me while driving over the Sherman Minton Bridge which was under construction and packed with moving traffic. Because she stopped in front of me, I hit her in behind, was thrust backwards into the bridge edge barrier, then was thrust forward and up and into the windshield. I was seriously injured, breaking my sternum, * ribs, collapsing a lung, two hematomas: one behind my eye socket forehead area after getting a laceration needing stitches, and one behind my heart from the sternum bone breaking. I went to the hospital, and was sent home to recover three days later. I discovered that I did not have insurance coverage on the vehicle I drove which was my then estranged husbands Jeep Grand Cherokee. He was not in the car. I was sent law suit papers from the person and KY Secretary of STate and did not attend the hearing because I never was alerted or supeanad for my case and I live out of state. I was default judged as guilty and liable to pay the amount of $*,* which I don't have because I don't work because I am awaiting a decision from Social Security to try to obtain federal disability since the accident has changed my life to where I have problems working at my regular job which was a retail merchandiser. After the accident, my husband and I did not have a vehicle for six months since his was totaled. It was a struggle to get to his new job with no car for that long. The details about the facts of the accident are wrong as listed on the law suit. It states I was driving a Kentucky tagged jeep owned by a some guy named Steven whom I don't know of anyone in my life with that name and my husbands Jeep that I drove was tagged and registered to Eric with proper Indiana tags, not Kentucky. I was traveling on I64W that night and the police report states I64E. The police report lists a canceled KY drivers license from me that has not existed since *. I've had a secured legal Indiana drivers license since * with an Indiana address. I read that the law in KY won't allow me to call for a mistrial or will it or do I only have the option to try to have it appealed? What are my options since it was based on erroneous information yet I was not served or made aware of any hearing date that I missed? Help
I'm sorry to hear about your situation, ****. Based on your explanation, it seems you might want to file a motion to set aside the default judgment. Here are some general steps:
- File a "Motion to Set Aside Default Judgment" in the same court where the judgment was entered.
- Explain your reasons for not attending the original hearing.
- Provide proof of the inaccuracies in the original lawsuit.
Remember, this is general advice and it would be best for you to consult with a local attorney to guide you through this process.
- File a "Motion to Set Aside Default Judgment" in the same court where the judgment was entered.
- Explain your reasons for not attending the original hearing.
- Provide proof of the inaccuracies in the original lawsuit.
Remember, this is general advice and it would be best for you to consult with a local attorney to guide you through this process.
Kentucky is a commonwealth state. Can I file that Default Judgment motion? Or does it have to be an appeal?
Yes, ****. The fact that Kentucky is a commonwealth state does not affect your ability to file a motion to set aside a default judgment. This process is allowed in Kentucky. However, it's crucial to consult with a local attorney to guide you through this process.
but it's a civil court
Yes, ****. Civil courts in Kentucky also allow for a "Motion to Set Aside Default Judgment". However, there are specific rules and timelines for this process. I highly recommend seeking advice from a local attorney who specializes in civil court cases.
can you show me where this information is found
You can find information regarding setting aside a default judgment in Kentucky in the Civil Rule *.* of the Kentucky Rules of Civil Procedure. For more detailed advice, please consult a local attorney.
can you send me a link to that rule
I'm sorry for any confusion, but as a chatbot, I don't have the ability to send links. However, you can easily find the Kentucky Rules of Civil Procedure online. Rule *.* is what you're looking for.
how do i find a good lawyer for this
Finding a good lawyer can be achieved through the following steps:
*. Check the Kentucky Bar Association's Lawyer Locator service.
*. Look for lawyers who specialize in personal injury or civil litigation.
*. Evaluate their experience, client reviews, and consultation fees.
*. Schedule an initial consultation to assess their suitability.
Remember to prepare your questions and bring all relevant documents to your meeting.
*. Check the Kentucky Bar Association's Lawyer Locator service.
*. Look for lawyers who specialize in personal injury or civil litigation.
*. Evaluate their experience, client reviews, and consultation fees.
*. Schedule an initial consultation to assess their suitability.
Remember to prepare your questions and bring all relevant documents to your meeting.
does my pending disability decision from SSA matter?
Your pending disability decision from the Social Security Administration (SSA) may be relevant in your case. It could potentially demonstrate the extent of your injuries and their impact on your ability to work. However, it's best to discuss this with your attorney as it can vary based on the specifics of your case.