By Marc Empey
Civil lawsuits with regards to contract breaches have always dominated the United States civil courts. Recently, however, the number of personal injury cases has been on the rise. Due to their rapid increase they have been termed as frivolous.
What Constitutes a Frivolous Lawsuit?
According to the United States, these cases are based on some theory that will require the defendant to pay some huge amount of damages. Some of the cases that are described as such are those that touches on medical malpractice. These cases form the main basis for tort reform calls. The term has been used in many circumstances and has won the interpretation of many in the legal profession.
The litigation attorney is often accused of representing an individual in these cases when they actually know that the case lacks merit. Other reasons why a case may be termed as such is due to existence of laws that do not allow such kinds of claims before a court of law.
Defendants are, however, advantaged since the law has also provided for penalties against any litigation attorney who institutes such a suit. According to Rule 11 of the Federal Rules of Civil Procedure it is mandatory for any representative of a plaintiff to ensure that they carry out extensive and thorough investigation.
If the representative acted in good faith and took into account all facts and circumstances, they can escape from any kind of punishment. Depending on jurisdictions and the prevailing law the sanctions imposed may be different. This also depends on the amount of resources used including time.
Our Palm Springs litigation attorney would be in a perfect position to advise a client whether their suit is frivolous or not.