The Truth About “Frivolous” Claims
- Sep 14 2018
If you have ever brought a personal injury lawsuit, or if you are considering bringing a personal injury lawsuit, you may have faced criticism from others who argue that your lawsuit is “frivolous.” This term gets thrown around a lot when it comes to lawsuits, and it is understandable that there is some confusion about what is and is not a frivolous lawsuit. You should never let anyone discourage you from pursuing the justice you deserve for your injury, so read on to learn more about what a frivolous claim is—and is not.
What IS a Frivolous Claim?
Most dictionaries define frivolous as something that does not have any serious purpose or value. California’s Civil Code of Procedure further describes what a frivolous lawsuit is, stating that a frivolous lawsuit is one which:
- Is not presented for a proper purpose, such as to harass, cause delay, or needlessly increase the cost of litigation;
- Is not warranted by existing law or by a plausible argument to modify existing law; or
- Does not have evidentiary support or is not likely to have evidentiary support after a reasonable investigation or discovery.
Reading through these provisions of the California Civil Code, it quickly becomes apparent that the kinds of cases which are truly supposed to be considered as frivolous are ones where the people bringing them are abusing the system for reasons other than to seek justice. These are often cases brought to “get back” at the opposing party, or to otherwise make life difficult for them.
What IS NOT a Frivolous Claim?
If a frivolous claim is one brought without merit, that abuses the system for purposes other than seeking justice, then a nonfrivolous claim is the exact opposite. In our extensive experience as California personal injury attorneys, we can confidently say that all of the clients we represent and most of the people who come to us for help are not trying to abuse the system. They are trying to get the compensation they deserve for real problems that have negatively impacted their lives.
Unfortunately, the kinds of personal injury cases which often get a bad reputation as being frivolous often are not. It is not frivolous to try to sue someone months after they injured you, simply because you were not sure you wanted to move ahead with a lawsuit, because you are allowed to take time before making such a big decision. It is not frivolous to sue someone who hurt you to cover the costs of your medical bills if they amount to less than five figures, because very few people can afford to cover those kinds of costs. It is not frivolous to sue your employer because you were hurt as a result of a risk inherent in your job, because no one deserves to be injured at work.
Considering Filing a Personal Injury Lawsuit?
Do not let someone tell you that your case is frivolous. If you have been injured, you deserve justice, and it does not matter if your case is not someone else’s idea of a perfect personal injury lawsuit. At J&Y Law, our experienced California personal injury attorneys are ready to help make you as whole again as possible. Contact us today to learn more about your options.
Posted in: Personal Injury