Legal Question in Civil Litigation in Missouri

Attorneys are Gods !!! cont... p 2.

last but not least the attorneys tell us that if we should want to settle the case , the other side does not have to pay and in fact would offer to pay %% of judgement awarded by the jury. is this truely the way our legal system works.. ?? how do i get answers and what doe3s it cost.. please help us.


Asked on 1/03/09, 4:03 pm

2 Answers from Attorneys

Spencer Farris The S.E. Farris Law Firm

Re: Attorneys are Gods !!! cont... p 2.

You have an attorney. They have an obligation to provide you with answers. Not to be critical, but your long and sometimes rambling question suggest that you need to sit down with the lawyer and have a discussion. However, as the grandparent, you have no right to any answers if the child is represented by his parents' attorney.

That being said, generally speaking, a settlement offer is less than a judgment award- no defendant will pay the full judgment in settlement if there is any chance that the judgment won't stand. Why would they, if full judgment is worst case scenario anyway?

As for avoiding the cap- caps were put in place by the legislature to protect doctors. They are nothing new, but the latest round put in place may well be unconstitutional as they treat folks unequally based on when they were injured. So, there is a chance that the judge will award over the cap, but whether he does or not, the Missouri Supreme Court will have to weigh in on the issue.

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Answered on 1/05/09, 10:33 am
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Attorneys are Gods !!! cont... p 2.

You currently have counsel. It would be unethical for me to comment on their representation. If you have issues with your counsel, you should discuss it with them. I cannot assist you further.

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Answered on 1/05/09, 12:00 pm


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