Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases
Blog Category:

Personal Injury

    5/6/2008
    James R. Carroll, Jr., Esquire
    Comments (0)

    “Frivolous Lawsuit” Commercials Distort The Truth

    Here's a post by Adam Gee of the Ziff Law Firm in Elmira, NY about frivolous lawsuit commercials.  Like Adam, I see them all the time.  You would be amazed at how much money the insurance industry and corporate America spends on commercials like that.

    I agree with Adam that I almost NEVER, in the 13 years that I've been doing this, have seen a frivolous lawsuit filed.  To add to Adam's analysis, though, I believe we have to expand the definition of "frivolous."  To me, a frivolous lawsuit is one that has no basis or the plaintiff has no real injuries, either physical or psychological.

    To the tort reform zombies, however, "frivolous" means any case where a lot of money is awarded to the plaintiff...even if the plaintiff was seriously injured by a negligent defendant (and every one agrees to these facts) it is still "frivolous" in the eyes of those zombies.  They don't believe people who are wronged should be compensated for pain and suffering.  Period.  They believe plaintiffs should get their wage loss and medical bills paid and that's it.  No pain and suffering money.  No punitive damages no matter how intentional the defendant's actions were.  Nothing.

    And that's why I call them zombies.  The have no sympathy or empathy for other people.  That is, until they themselves are injured.  The zombies sing a different tune then.


    Labels: tort reform


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