Avoiding Filing a Frivolous Injury Lawsuit
A person injured in an automobile collision may wish to pursue financial compensation through a civil lawsuit when an insurance claim appears to be insufficient or is denied. If successful, a legal action might recover the costs of a medical treatment as well as other expenses such as lost wages and compensation for suffering. However, these lawsuits must be founded upon a legitimate legal basis. This means that these legal actions must obtain the basic requirements of every negligence-based suit.
To learn more about your legal options if you have been injured in a car accident, contact the Iowa auto accident lawyers of LaMarca & Landry, P.C., by calling 877-327-2600 today.
Frivolous Lawsuits
Lawsuits are considered frivolous if they do not meet the legally established requirements of a negligence-based injury claim. These lawsuits are thrown out of the court and the individuals pursuing them may be penalized. However, a legal advisor can help a claimant better understand whether they have a legitimate claim so that they can avoid this undesirable outcome.
The law requires the following for each lawsuit:
- An injury, not necessarily physical, that can be compensated for
- A discernible cause of that injury
- A person or organization that is responsible for that cause
Without these basic parts of a lawsuit, the court may opt to reject the lawsuit altogether. It is the responsibility of a legal advocate to let a claimant know if their case will likely be considered frivolous or not.
Contact Us
If you have been injured, compensation may be available to cover your injury expenses. For more information regarding your rights and options as an injured individual, contact the Iowa car accident lawyers of LaMarca & Landry, P.C., at 877-327-2600 today.
