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Frivolous lawsuits? Another perspective.

By Josh Silverman on October 12, 2018


There are no shortage of jokes, TV shows, etc. that present the civil justice system as a lottery system that is out of control.  Adding to it is the Chamber of Commerce that has worked dilligently to restrict access to the courts.  Here's a link to an excellent video about this issue prepared by the DC Trial Lawyers Association that puts the matter in perspective.

Let me also share my experience having practiced law for 20 years and represented thousands of people in auto accidents, medical malpractice, nursing home neglect, and other cases.  Most people come to me and say "I wouldn't ordinarily do this, but ..." or "I've never done this before, but ..."  this is a legitimate case.  The realitiy is that it is legitimate when it happens to you.  Many of my clients have incurred enough medical bills to force them into bankruptcy and that's even with insurance.  They have lost so much income they are not sure how to make ends meet.  In the worst of situations they have lost a loved one.  In each case this did not need to happen.  Someone was careless or even reckless.  My goal is metaphorically to stop the bleeding and help them recover through the legal system.  I have had clients come to me with frivolous claims but they are very rare and far between.  Most of the frivolous cases have been turned down by numerous attorneys prior to my turning them down.  Two stand out that got in the door but when it became evident the cases were not legitimate I withdrew promptly.

We pursue cases both to help the individual and his or her family, but also to deter dangerous conduct.  Corporations make decisions based on profit.  They are charged with maximizing profit for shareholders.  In some cases, think exploding gas tanks on Ford Pintos, it may be cheaper to pay a claim than to make the product safer.  If we close the doors to the courthouse through tort reform we are only encouraging companies to increase profits by selling less safe products. 

Just some food for thought.

 

 

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