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09/15/2013
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What is a Frivolous Lawsuit?

The law says a frivolous lawsuit is any lawsuit that cannot be brought or should not be brought. However, the phrase “frivolous lawsuit” has different meanings to different people. For example, the president of the insurance company you just mentioned says that a frivolous lawsuit is any lawsuit brought against his company or against the people he insures. Now since he makes millions of dollars, by not paying money to people who have been injured, you might want to be a little suspicious of his definition of a frivolous lawsuit.

People with strong strong and unfair biases make up stories about lawsuits to make more money, without regard to the people they harm in the process.

How do we know what a real frivolous lawsuit is?

The law says that people who file frivolous lawsuits and their lawyers can be sanctioned. Sanctioned means that the case can be dismissed or the court can order that the lawyer or the person who brought the lawsuit can be required to pay the cost to make up for the inconvenience in the legal fees of the other side. When a judge issues an opinion saying that someone should be sanctioned, or that it should be dismissed because it’s frivolous, he will write out an opinion. That opinion is published and called The Law of the Case or the Case Law.

Anyone can look up these cases and see which ones are frivolous and which ones are permitted. For example, a man once filed a case against God. The case was frivolous.

When frivolous cases come to mind, many think of the woman who won millions from McDonald’s from spilling hot coffee on herself. However, one thing to remember is the only thing we hear about the McDonald’s case is sound bites we hear on television or press statements from McDonald’s. But, we also need to remember that 12 normal people and a normal judge determined that McDonald had done something wrong. The appellate court reduced the value of total damages in that case. It’s difficult to judge whether McDonald’s really did something wrong when we don’t know all the facts.

We want to know what Wichita thinks

For more examples of what might be considered a frivolous lawsuit, check out our blog articles over the Carnival lawsuits and the $5 million Subway lawsuit. Make sure to comment at the bottom and let us know if you think it is or isn’t frivolous.

At Ray Hodge & Associates, we believe in personal injury handled personally. At our office you see a lawyer from the very first meeting because we believe your case deserves an experienced personal injury attorney right from the start.

If you have had a Kansas car wreck injury that was not your fault and need medical treatment, you need an experienced professional who can help you get back on the road to recovery. Call us today at 316-269-1414 or visit our contact page here. Our Kansas personal injury attorneys will provide you a free initial consultation and if we take your case you don’t pay a dime unless we recover money for you. Even then we only take a percentage of the total amount of your recovery.

If you have questions on what you should be looking for when you are making a decision to hire a Kansas personal injury lawyer, read our article located here.

Make sure you download our free car accident app for iPhone or Droid to protect yourself in event of an auto accident.


2 Comments to “What is a Frivolous Lawsuit?”

Are frivolous lawsuits able to be used in civil cases in Shawnee county Kansas?

Posted by: Abbey Wostal on August 21, 2014 at 12:02 am

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Any one who files a frivolous lawsuit can be sanctioned. This is the rule in every Court in the nation.

Posted by: kladmin on August 25, 2014 at 2:32 pm

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Ray Hodge & Associates proudly represents victims and their families across the state of Kansas, including Wichita, Andover, Derby, Goddard, Haysville, Mulvane, Rose Hill, Newton, El Dorado and Hutchinson. Call today for a free consultation all over the state of Kansas. We have proudly served clients in Sedgwick, Butler, Sumner, Harvey, Kingman and Reno Counties.

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