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I guess this question might be best suited for a lawyer or someone that has extensive knowledge of Kentucky law. About three years I (family and self) took a tragic matter to court. The case went before a judge and not a jury.The lawyers had heard of the incident and told us that the case could be a sevin diget (million/s) to us. I would try to pay such a price if I could regain what we lost. As it turned out, we received under a six didet figure. The accused received no penalty and the assets we received came from insurance. As it appears, the case cost him nothing save lawyer related fees. We, per lawyers advice,. settled out of court. In retrospect I wish we had taken the matter before a jury and taken our chances. I feel that a jury would have seen things differently than some others did. Question: Can the case be re-opened by myself and/or another family member? If permitted to be re-opened, can we ask for a trial by jury? Thank you for your time and advie

2006-07-23 21:50:44 · 3 answers · asked by Anonymous in Politics & Government Law & Ethics

3 answers

The only way is to have the verdict over turned is on an appeal, the problem is the only way an appellate court will over turn a verdict from lower court is if the judge did not apply the laws , very hard

also since you signed off with a settlement even harder to over turn since you had counsel the court will most likely say you had full knowledge of what you signed does not look good

On appeal will not be able to do it your self for an appeal requires very specific legal argument meaning an appellate lawyer very expensive

2006-07-24 01:13:24 · answer #1 · answered by goz1111 7 · 1 0

Appeal your case based on the ground that there was no fair trial conducted by the court. File a motion to vacate the judgment of your previous case and request that your case be tried by jury in order to look into the merits of the case so that administration of justice be appropriately given in your favor.

2006-07-23 22:10:51 · answer #2 · answered by FRAGINAL, JTM 7 · 0 0

You have every right to Appeal it...yes you can ask for a trial by jury...or anyway you want...you need to get better counsel...I had go before a judge once..without a jury...it worked out ok for me...but if I had seen that it wouldnt I would have gotten my lawyer to stop it..thats what u pay those guys for...APPEAL IT...its your Right!

2006-07-23 21:54:08 · answer #3 · answered by celine8388 6 · 0 0

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