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.
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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.
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