Legal Question in Personal Injury in Missouri

Dimissed by parties

This story is lengthy but I will keep it short and saying that I found my case online saying dismissed by parties....what does this mean since we have not gone to court by my knowledge?

This is Civil Court . From a car accident.


Asked on 11/10/08, 3:26 pm

2 Answers from Attorneys

Anthony Smith LawSmith

Re: Dimissed by parties

Generally, "dismissed by parties" means that the Plaintiff dismissed their suit against the defendant. Somtimes this is done "with prejudice" meaning the suit cannot be brought again, or "without prejudice" meaning that the suit can be filed again. If you are the defendant, you should write a letter to the judge, (copy to plaintiff), with the case number on it, telling him that you made not such dismissal agreement with the plaintiff, and you assume their dismissal is "with prejudice." Some Plaintiff's counsel fiel suit and then dismiss it to try to stretch the statute of limitations period.

If you are the Plaintiff, and you are represented by counsel, you may want to ask them why the case was dismissed.

Good Luck

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Answered on 11/11/08, 10:43 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Dimissed by parties

If you were represented by an attorney, you should contact that attorney and obtain a full explanation. If you were not represented then you should go to the court house and read the court file to see exactly who dismissed the case. I'm guessing that you were the person sued by someone claiming to be injured in an accident with you. You were represented by an attorney paid for by your insurance company. The insurance company settled the case by paying the other side and no one advised you. This is just a guess, but I'd be interested to know if I am correct.

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Answered on 11/11/08, 10:48 pm


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