Frivolous Lawsuit Disputes
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What are Frivolous Lawsuit Disputes?
Frivolous lawsuit disputes can often arise in the context of personal injury cases. A frivolous lawsuit is any legal action that is filed which does not have a good chance of succeeding in a court trial. In some cases, a frivolous lawsuit may be filed simply for the purpose of harassing or annoying the other party. In other situations, frivolous lawsuits may be filed in order to forestall or delay other legal actions.
- Frivolous lawsuits are often dismissed immediately by the judge before the court can even examine the merits of the claim. Frivolous lawsuits or "frivolous litigation" may involve:
- Claims that are far-fetched, obviously untrue, or outlandish
Claims that involve requests for exaggerated or over-inflated amounts for monetary damages awards
What are Some Examples of Frivolous Lawsuit Disputes?
Some examples of frivolous lawsuit disputes may include:
- Filing an untrue claim regarding automobile insurance
- Filing for unreasonable damages in a medical malpractice claim
- Attempting to sue an insurance company for a claim that has no legal basis
- Suing someone for the sole purpose of harassing them
Basically, any time a lawsuit is filed knowing that it likely won’t succeed in court, there is a possibility that the court will dismiss it as being frivolous. Also, frivolous lawsuits can result in various legal penalties for the party filing the claim.
What are Some Legal Penalties for Filing a Frivolous Lawsuit?
Some legal consequences of filing a frivolous lawsuit usually involve some sort of monetary fine. The amount of the fine may vary depending on the claim involved and the geographic location of the case. Also, some judges might issue a contempt order if the claim is seriously wasteful of judicial resources.
In some cases, criminal consequences can result, especially if the person is harassing the other through the filing of multiple lawsuits. The result for most frivolous lawsuits is that they will be dismissed very shortly without any further examination of the matters.
Do I Need a Lawyer for Help if I Have a Frivolous Lawsuit Dispute?
Frivolous lawsuits can be time consuming and can drain precious resources. If you suspect that a frivolous lawsuit has been filed against you or your company, you may wish to hire a qualified lawyer in your area. Your attorney can help identify whether or not a claim might be frivolous. Also, your lawyer will be able to advise you on how to proceed in court, and can offer legal representation throughout the process.
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Last Modified: 05-28-2014 03:40 PM PDT
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