Do You Really Want to File a Frivolous Lawsuit?

We've all probably seen television shows and movies where someone files a frivolous lawsuit in an attempt to realize a huge settlement that's based on some silly real or imagined cause.

A classic sitcom frivolous lawsuit is virtually always a tort action. The situation usually revolves around the plaintiff's claim that the defendant's negligence caused them harm is some way. And the plaintiff inevitably demands an exorbitant amount of monetary compensation for their pain and suffering.

Often the injury that was sustained is miniscule while the amount of damages claimed is a minimum of five or six times the plaintiff's annual income. And the complaints are all too often plain ridiculous.

On a TV show a person might sue a pizza chain because their "Over the Top Loaded with Meat" pizza didn't give them the truly "bust your taste buds meat flavor" that it promised. Or another scenario could involve the "hero" as he or she slowly backs his or her car out of his driveway.

Then suddenly a stranger walks behind the car, slams his hand on the trunk, falls down, apparently writhing in agony, and yells, "Ouch. My back, my back. I can't stand the pain. You better call your lawyer and be prepared to pay through the nose because I'm going to sue you for every penny you have."

Luckily this does not happen as often in "real life." In life, if you call an action frivolous it's as if you are actually calling the attorney a certified lunatic.

Considerably more common than frivolous lawsuits are claims that are frivolous - which are parts of a otherwise reasonable lawsuits. Also some courtroom motions that only prolong the legal process can be considered frivolous.

If a lawsuit actually is frivolous it will most likely end long before it gets anywhere near an actual jury. And, if an attorney repeated files lawsuits, claims, and motions that are considered to be frivolous by the court the attorney will often face "contempt of court" charges and he or she could ultimately be disbarred.

Sometimes, because of the substantial awards granted for some medical malpractice lawsuits, the general public has mocked such cases and called them frivolous. In the eyes of the law, though, they are not because both a judge and a jury had decided in favor of the plaintiff.

United States courts typically define "frivolous" litigation as a defense or a legal claim that's presented when the party and their legal counsel had reason to know that the defense or the claim completely lacked merit. In addition there may be laws in place that actually prohibit the type of claim they are filing.

Because these types of claims and defenses waste resources, the jury's time, the court's time, and legal fees, sanctions can be imposed by the court on the party that makes such a claim.

However, if you believe that you have a legitimate claim then it would be in your best interest to speak to a qualified attorney in order to get their opinion. Often the initial consultation is free.

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