Though you may have heard of frivolous lawsuits, you may not be familiar with exactly what they are. A frivolous lawsuit is one that from a legal perspective does not have a reasonable chance of winning in court. While it’s true that such a determination may be a matter of opinion, there are certain recognized guidelines that a court considers when determining if a lawsuit is frivolous. A car accident lawyer is expected to uphold this threshold when deciding whether or not to accept a client’s case.
A clear example of a frivolous lawsuit would be suing a driver for causing a client’s accident because that driver had such an outrageous hairstyle that it was distracting to other motorists. Many other lawsuits might be considered frivolous for less obvious reasons.
The defendant is the most likely to disagree with the opinion of whether or not a lawsuit is frivolous. For example, if you were injured in a car accident because of a defective car part, the manufacturer may claim that your lawsuit is frivolous. They may do this even if you suffered significant damages. They will often use this excuse simply to try to get the case dismissed and therefore not be liable for paying compensation to the victim. If the plaintiff’s car accident lawyer does not present a strong case to the court, the judge may agree with the defendant and dismiss the case.
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If you were injured in a car accident and intend to file a lawsuit in response, consult our car accident lawyer from [law firm] for a review of your case. If it has sufficient merit, we can take your case to court and argue why you deserve to receive compensation from the at-fault party for your injury related damages. We do not charge unless we win the lawsuit and obtain a jury award. In most instances, our car accident lawyer is able to negotiate a settlement before the case even goes to court. In that scenario, our fees will simply be deducted from the settlement that we obtain on your behalf. Because we work on a contingency basis, you will not have to pay any costs up front.
The Role that Courts Play in Determining the Strength of a Case
When a lawyer submits a lawsuit to the court, the assigned judge has the authority to terminate the lawsuit or “throw it out of court” if they deem it frivolous. If this should occur, the judge may warn the attorney who filed the lawsuit that they should not waste the court’s time again in such a manner. If the attorney were to exhibit a pattern of filing frivolous lawsuits, the court has the authority to formerly sanction the lawyer. The sanction’s terms will vary according to the judge and the situation it could potentially be very serious.
If you were injured in a car accident and would like to know if your case has merit, call a law firm today for a free consultation with a Bethesda car accident lawyer.
Thanks to Cohen & Cohen, P.C. for their insight into personal injury claims and car accident lawsuits.