We have all heard of Frivolous Lawsuits, but how many of us have heard of Frivolous Defenses? We should all be equally against Frivolous Defenses as we are with Frivolous Lawsuits. Why? Because a Frivolous Defense gets no further to the truth than a Frivolous Lawsuit by not being fair, equitable or furthering the community interests of maintaining an impartial and balanced court system. Just like we want credible lawsuits to move forward when necessary, we want credible defenses to those lawsuits when necessary. Just like in Contract law we have a fair "quid pro quo" ("something for something"), which created in Contract law the concept of not supporting "unfair advantage" in any contract dealing. In essence, our entire justice system is based on the reciprocal fairness of the parties. Our San Diego personal injury lawyer explains further.
What is a Frivolous Defense?
A Frivolous Defense is when an insurance company defense lawyer employs arguments that go way beyond the lines of equitable and fair play when defending a lawsuit. Since I do all injury cases, I will use an example of a car crash case. Let's say my client treated his injuries from a car crash for over 2 years, and within that time, he underwent painful pain management procedures (radiofrequency ablation therapy) and ultimately had to have back surgery. At the time of trial, the defense tries to call the same client a malingerer or someone who is exaggerating their injuries because of some psychological reason when there is no real evidence for making that conclusion.
Essentially, the defense is coming very close to actually calling my client a "liar, cheater or fake;" thus, my client is being victimized twice: once from the car collision itself, which comes from the unsafe choices of the defense's client who caused the preventable collision, and then by the defense lawyer in a trial in front of a jury. It is not a "fair fight" because the defense is trying to hit "below the belt." The jury is deserving of a fair fight, as that is the foundation of why we have the adversarial legal system we have in America.
Another analogy is warfare. In war, one army attacks another, but the armies (usually) do not support genocide to happen. The "rule of reciprocity" is wired into us when we deal and cooperate with each other, whether it is a commercial transaction, lawsuit, or just being neighborly. This is why it is vital that we abhor Frivolous defenses when we see it. It goes against our sense of fair play, just like a frivolous lawsuit does.
When is a Frivolous Defense used?
Whenever the defense has nothing else to defend on, such as the real facts, events, or witness statements, I find that they will then make the fateful decision to dance around the real facts by using the example above. They are basically "grabbing at straws." What this translates to is the defense really should have fairly settled the case prior to going to trial, and for whatever reason, they chose not to. Sometimes, the insurance company has too many people trying to make a good decision, and a fruitful one never gets decided. Confucius once said, "When you chase two rabbits, you end up catching none."
In the end, the insurance company and their defense lawyer waste time, and usually, the jury gives more in their verdict than the case may have ultimately settled for, and the insurance company ends up paying more in costs to both sides. Yet, they still forced the issue and tried using a Frivolous defense. So, beware of this in case you find yourself on a jury, and the defense is trying to use this deceptive tactic.
Speak With an Experienced San Diego Personal Injury Lawyer Today
If you’ve suffered a personal injury that was caused by another party’s negligence, The Law Office of Mark C. Blane is here to help. Our California personal injury attorney understands the impact an accident can have on your life, and our legal team will work hard to win compensation for your medical costs, lost wages, and pain and suffering.
Do you want to learn more? Or, maybe you are in a position right now where you feel this is happening on your injury case. If you have questions, please feel free to reach out to me at 619.813.7955. I take calls like yours all the time, and I would be happy to see if I can help you. Stay strong, Attorney Mark
