How to Determine if a Lawsuit is Frivolous

You don't have to be a judge to figure out that some lawsuits are frivolous. Take, for example, the burglar who injured himself and sued the homeowner. Or, the guy who wanted Oreo to stop selling their cookies to children. Or, even the guy who sued a beer company for hangovers and false advertising--the beer didn't make him popular with the ladies. These are all examples of frivolous lawsuits.

Instructions

1. Review the claims, medical records, accident reports or the pertinent information of the case to see if they have any factual or legal basis. If the lawsuit is filed despite not being backed up with any legal merit and arguments for reinterpretation or extension of the law, then it's frivolous.

2. See if there are laws in place prohibiting such a claim. There are laws that protect people and companies against frivolous lawsuits.

3. Find out how much is being asked by the plaintiff. If the amount being asked for exceeds what one would expect after hearing the details of the claim then it's probably frivolous. Many awards a jury gives to plaintiffs are determined later in appeals to be frivolous.

4. Threaten the plaintiff with a countersuit. Plaintiffs filing frivolous lawsuits usually know they are frivolous and will back off if challenged in this way. Consult with an attorney to guide this process to make sure it's handled appropriately.

5. Look at the context in regards to common lawsuits involving medical malpractice. Many professionals assist a patient and handle their charts during a hospital visit. However, lets say a patient is permanently scarred or injured by the doctor during surgery. Legitimate lawsuits are against the doctor and not against the nurse, the anesthesiologist, the receptionist, the physician who did a check up--everyone who crossed the patient's path.

Tips & Warnings

• If a lawsuit is determined to be frivolous the party making the claim can be penalized up to $25,000 in tax court, not to mention the possibilities of a countersuit forcing them to pay money.

• Don't be fooled by all the crazy stories you hear about frivolous lawsuits, especially when big corporations are involved. The facts of a case can be twisted by insurance companies lobbying in our courts to save themselves from paying out what they should. Just keep an open mind when reading about these lawsuits and do your own research to see both sides of the argument.