Is this one frivolous?
Today’s blog post is about the general perception that injury claims are frivolous, particularly in light of the facts of the claim referenced above.
We hear a lot of noise about lawsuits being frivolous and personal injury lawyers making everyone’s lives more expensive by bringing silly claims for people who really aren’t hurt.
Well, if you read the article above, you’ll see that Dr. Kenneth Najarian of Charlotte really was hurt by a driver in Vermont. In fact, he died. Is that enough injury to bring a claim? I would imagine it’s plenty of injury for his family.
Dr. Najarian’s widow has filed suit against the driver, who was, it just so happens, charged with driving while impaired after she ran over Dr. Najarian.
Do you think this claim is frivolous?
What I find particularly compelling about this case is that the defense has fought over the plaintiff’s right to inspect the vehicle before repairs were made. Invaluable evidence to help resolve a disputed claim is clearly available only if the car is examined prior to repairs? Who would fight that? Who would be arguing about the right to inspect a vehicle when someone has lost their life for no good reason!?!
How come we don’t hear anything about frivolous defenses to lawsuits?
Insurance company money. There’s your answer. So think about that the next time you hear about how injury attorneys are messing up the world.