You may be familiar with the term “frivolous lawsuit” and perhaps you can even think of some examples of situations where a person’s injury was blown out of proportion with the goal of simply being a money-grab.
However, “frivolous defenses” are more likely to negatively affect us if we are bringing a perfectly valid and reasonable personal injury lawsuit.
What is a frivolous defense?
A frivolous defense is an argument, motion or objection that is made to slow down the legal process or create so much red tape as to cause a plaintiff to give up or settle a claim they would rather have taken to trial.
A frivolous defense also takes place when a defendant piles on numerous unnecessary affirmative defenses, most of which have no support in the facts of the case.
Insurance companies and defendants are capable of making frivolous defenses.
For example, a defendant could argue that a statute does not apply to your case, or a document should not be admitted into evidence, even if the statute or evidence “speaks for itself.” Or an insurance company could deny you were injured or blame you for your own injury.
Attorneys who make frivolous defenses, according to some, may be in violation of the Code of Professional Conduct.
You can fight frivolous defenses
Oftentimes a frivolous defense is made by a defendant who wants to avoid accepting the consequences of their actions. They hope that by slowing the gears of the legal process you will settle for less than what you are due or even give up your lawsuit entirely.
It is important, however, to know that you can fight frivolous defenses. It may take effort and perseverance on your part, but with the right help it can be done. The important thing is to not give up. Your personal injury attorney can help you achieve your litigation goals, including taking your case to trial if that is what you want.