Aren most injury lawsuits frivolous?
For decades, the “frivolous lawsuit” mantra has been effectively drummed into our minds by those who feel they (or their insureds) should not be held accountable for their misdeeds. It really is all about the money. However, the money is that being saved by well-heeled companies by way of lowered awards (while our insurance premiums continue to climb). Nearly every person who files a lawsuit for injury or the death of a loved one is represented by a lawyer who works on a contingent fee. If the case lacks merit, it will likely end up a loser. A contingent fee lawyer gets paid nothing on a case which he or she loses. Furthermore, in California, there are legal tools and procedures which are available and used to remove meritless cases from the system so that they cannot even get to trial. So, despite the crazy things we hear in the news or over the internet, the reality is that there is no incentive for a lawyer to bring a frivolous lawsuit and, if he does, the suit will likely be dismis
