What’s a Frivolous Lawsuit?

lawsuit filingMore than a few people have asked me over the years whether I think there are more “frivolous” accident lawsuits filed in recent times than ever before. Of course, a general question like that doesn’t warrant a specific answer without more information.

  • What are the statistics at the time?
  • Where did the stats come from?
  • What are the circumstances of the lawsuit?

Some people think a lawsuit is frivolous because the “other driver” wouldn’t settle out of court.

But there are, of course, many factors to consider, some of which are:

  • Was the “other driver” badly hurt?
  • How badly damaged was their vehicle?
  • How much did they demand to settle the case?
  • How much did the insurance carrier offer in reply?

If the insurance carrier did not offer the other driver enough to make them whole, the case will likely escalate.

A frivolous lawsuit is one that has no supporting legal argument or factual basis. In short, it is a lawsuit that is designed to get money without any justification, place the party being sued in a bad light, or to harass the other party. It also might be a situation where an attorney doesn’t properly assess the claim before filing the lawsuit. Where it is clear that one party’s lack of care caused another party’s injury, if the two sides can’t agree on the value of the claim, it is not a frivolous lawsuit.

Unfortunately, the insurance industry has done much to put people in the frame of mind that a claim which is not worth a lot of money is a frivolous one. Don’t ever think that a case is frivolous because one side of a court case loses or that a plaintiff receives less than their insurance carrier had offered to settle the lawsuit.

If you’ve been injured by another because you believe they were negligent, be sure to contact an experienced personal injury attorney! In New Mexico, contact the Atkinson Law Firm in Albuquerque for your free consultation!

Scott Atkinson (264 Posts)

Scott concentrates on serious personal injury cases. He believes that a catastrophic injury does not just affect the victim; it also dramatically impacts the victim’s family. Scott is in Albuquerque to fight for you to recover your New Mexico accident losses!