If you're injured and considering a lawsuit, one of the first things you want to consider is how much of a legal basis your case actually has. If the court decides the lawsuit is frivolous and there's no merit to your claim, they may just toss the whole thing out. Be sure not only that you have a legitimate reason to sue, but that you present it in a way that makes your reasoning clear.
Why Are Frivolous Lawsuits Used?
You may be wondering why people would attempt frivolous lawsuits in the first place and why courts would be watching out for them. The reasons are financial, of course, and experts note that intimidation is often the goal.
For example, someone may sue a company and threaten to ask for $1M, hoping that the company will just settle out of court for $100,000 to avoid the risk. While settlements are a legitimate outcome, the court wants to make sure that the initial case is also legitimate.
Money Doesn't Matter
One common myth is that lawsuits are deemed frivolous when someone simply asks for too much money -- if the case is clearly only worth $100,000 and the person asks for millions, for example. This is not true. Total compensation doesn't matter when determining if the case is frivolous or not. All that matters is whether there is merit to the case and legal reason to go to court.
After all, the financial details can sort themselves out. The court may only award a portion of the total amount that was asked for, but even that shows that the case did have merit and the person simply overvalued the injury. It's still a legitimate case and that person had a right to some financial compensation.
Starting Your Lawsuit
If you do have a strong case and you're interested in looking into your rights to compensation, be sure you know exactly what legal steps to take.
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