Legal Question in Personal Injury in Kentucky

Suing a fugitive

My daughter was hit by a drunk driver on Oct. 14, 2001. Due to helping her psychologically as well as give us the right to depose witnesses that could be used (possibly years later) in a criminal trial, she is planning a pro se lawsuit against this man. He was from Mexico, posted 52,000 cash bond, and fled the state. What is the procedure for process serving on a fugitive. In Virginia, when I was growing up, divorce suits appeared in the local paper for several weeks with ''address unknown'' and, to the best of my knowledge, after a certain amount of weeks, this was considered sufficient notification to the defendant.


Asked on 9/30/03, 2:57 pm

2 Answers from Attorneys
Brian Halloran Brooking and Halloran, PLLC

Re: Suing a fugitive

First, has an attorney looked at this matter? Is there insurance? Have you tried to get help from the Crime Victims Compensation Fund? Do you know where this fugitive is hiding? Do not do this "pro se", as there are too many complicated issues to deal with, not the least of which is getting proper constructive service on the Defendant sufficient to allow a default judgment. Simply posting an ad will not suffice in KY to get proper service.

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Answered on 9/30/03, 5:06 pm
John Faust Faust & McCarthy

Re: Suing a fugitive

Hello,

Mr. Halloran is absolutely correct. You need to get help from a lawyer.

There are several avenues that you might use to approach this matter, which are similar, but different from the advertisement type laws that exist in other states.

The Kentucky Bar Association in Frankfort has a referral service, as do the Bar associations in Louisville, and, I think, in Cincinnati/Northern Kentucky. They are all listed in the phone book.

This is certainly not something she should do by herself. There is also a time limit on these cases so she should not delay in seeking legal counsel.

Ask you friends and relatives for the name of a lawyer in your community who might be able to help you.

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Answered on 9/30/03, 6:33 pm


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