Legal Question in Civil Litigation in Kentucky

I have been in a civil litigation for 31/2 years.

It seems like forever.

The defendant has never tried to settle.�

Now we are scheduled for trial on the �23rd.�

On the 13th the defendant sent an "offer of judgement rule 68" to my attorney via email which she did not get and send to me until the 14th.

My attorney is reeling me to take the offer and if I don't he will not represent me if my case is appealed after trial.

Since the offer of judgement was not sent more than 10 days prior to trial, will the court uphold it?

What should I do?


Asked on 5/16/12, 5:54 am

2 Answer from Attorneys
Andrea Welker Welker Law Office

I believe this is the third time I've answered this: You can settle at ANY time, even after a trial has been held and the jury has come back. I also believe your attorney has already told you this.

If your attorney is advising you to take the offer of settlement, that's probably a pretty good indication it's a good idea. Do you know what kind of judgment you could get at trial? Zero. And you'd probably owe court fees and litigation costs.

So, this is a decision you need to very seriously consider, and discuss in depth *only* with *your* attorney.

Read more
Answered on 5/16/12, 6:03 am


Related Questions & Answers

More General Civil Litigation questions and answers in Kentucky