Small businesses can sometimes struggle to raise the funds necessary to continue to fund operations. This becomes even more difficult when a small business also has to deal with frivolous lawsuits. Even when these lawsuits are obviously without merit, you might find that your resources and time are drained as you continue to deal with them. Fortunately, some lawyers specialize in stopping frivolous lawsuits.
How a Frivolous Lawsuit Is Defined
A frivolous lawsuit is a lawsuit that is without merit and is meant to harass, abuse, disturb, or annoy another party. The purpose of a legitimate lawsuit is to prove that the defendant was negligent and that the act of negligence lead to damages. However, if it is clear that you were not negligent and you continue to be the target of frivolous lawsuits, you may be able to bring a stop to these lawsuits.
For a lawsuit to be considered frivolous, it must have no legal or factual support. For example, if it is clear that the incident did not occur or if it's clear that the litigant did not suffer damages, the lawsuit might be considered frivolous.
For example, if a customer visits a restaurant, certain risks can be assumed. For example, the customer can assume that they will choke on food if they aren't careful. Food that is meant to be hot, such as soup, can accidentally lead to a burn. As long as the risks are reasonable, filing a lawsuit after suffering damages as a result of the reasonable risk might be ruled a frivolous lawsuit by the court.
The Penalities for a Frivolous Lawsuit
If the lawsuit was filed against the attorney, you may be able to have the lawyer sanctioned as long as they don't withdraw the lawsuit. Depending on the state in which you reside, you might also be able to have the litigant punished by having their ability the file a lawsuit restricted. They will need to receive permission before they are allowed to file a lawsuit in the future.
You may also be able to seek damages to cover the cost of your legal fees if the lawsuit is found to be frivolous. A judge is also able to fine a litigant at their own discretion. To push for these types of penalties, you will need to consult with a lawyer who specializes in dealing with frivolous lawsuits.
For more information about how to stop frivolous lawsuits, contact a lawyer.