They Say Your Personal Injury Claim Is ‘Frivolous’, But Here’s Why They’re Wrong
Do not let them convince you that your lawsuit is frivolous or that filing a claim would be a waste of your time and money. Listen to professionals. Schedule a free consultation with our San Diego personal injury attorney at the Law Offices of Eugene G. Bruno, P.C. Call at 619-209-6066 today.
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They Say Your Personal Injury Claim Is ‘Frivolous’, But Here’s Why They’re Wrong

Posted By The Law Offices of Eugene G. Bruno, P.C. Posted in: Personal Injury Attorney.

28-September-2018

If you have filed a personal injury claim or are considering to file one, you may have heard some discouraging voices telling you to “come to your senses” and advising you to stop “wasting your time.” They say your personal injury lawsuit is complete nonsense, they call it “frivolous,” but what if they are wrong?

It is understandable why certain people say that your personal injury claim is frivolous. You may even face opposition from your loved ones simply because they do not have trust in California’s justice system or because they have no knowledge of how laws work.

When you hear that your claim is “frivolous” from your insurance company or the insurer of the at-fault party who caused or contributed to your injuries, it doesn’t take to be a genius to know why they are doing this. They are trying to talk you out of filing a claim to avoid paying you for your financial damages, medical expenses, loss of income, and many more. Your personal injury claim is against their best interests.

Either way, we invited our San Diego personal injury attorney from the Law Offices of Eugene G. Bruno, P.C., to explain what a frivolous claim is and is not. Unless you have consulted with a skilled lawyer, do NOT let anyone plant the seed of doubt or discourage you from seeking the compensation you deserve.

What is a frivolous personal injury claim, according to California’s law

However, do not get me wrong. There are many personal injury claims that can be categorized as “frivolous.” Sometimes, people file a claim because they are trying to abuse the justice system. Seeking justice is not their ultimate goal.

In fact, if you look it up, frivolous is defined as something that lacks a serious purpose or value. According to California’s Civil Code of Procedure, a frivolous claim is one that:

  • Is not filed for a proper purpose (seeking justice), and has the goal to harass, intimidate, avenge, cause delay, or increase the cost of litigation;
  • Is not justified by existing law or by a reasonable argument to modify existing law;
  • Is not backed by a sufficient amount of evidence and is not likely to gain enough evidentiary support following investigation and discovery.

In other words, if someone is filing a personal injury claim for reasons other than to obtain compensation for their injuries and seek justice, his or her claim can be considered “frivolous.” However, when a claim has merit, and the claimant does not have the goal to abuse the system, then a claim cannot be considered “frivolous.”

Most personal injury lawsuits are not ‘frivolous’, don’t believe your insurer

Our experienced personal injury attorney in San Diego explains that despite what insurance companies are telling you, the vast majority of personal injury claims are non-frivolous. In most cases, a person who files a personal injury claim is actually trying to get the compensation he or she truly deserves.

There are certain types of claims that often get the reputation of being frivolous, but oftentimes, they do have a serious purpose and value, and the claimant’s goal is to seek compensation. For example, more often than not, your insurer will call your claim “frivolous” when you chose to wait several weeks or even months to bring the claim.

Do not let them convince you that your lawsuit is frivolous or that filing a claim would be a waste of your time and money. Listen to professionals. Schedule a free consultation with our San Diego personal injury attorney at the Law Offices of Eugene G. Bruno, P.C. Call at 619-209-6066 today.

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