Because car insurance companies understand the time value of money, they will often have their lawyers commit "Lawsuit Abuse" by using frivolous defenses to delay or wear down meritorious back and spine injury cases. In a recent case where the Herndon Virginia law firm ABRAMS LANDAU represented an innocent passenger who was injured when a van smashed into the back of the car she was traveling in, the insurance defense lawyers used the following frivolous defenses:
- 1. Contributory Negligence, though how the passenger could have contributed to the crash was never stated, unless she covered her driver’s eyes right before impact or pushed the car into reverse !
- 2. Assumption of the Risk, though how she would have voluntarily assumed a known risk that the Defendant was going to not look where he was going and, speeding, smash into the back of the car in broad daylight !
- 3. No injury, even though all the occupants of both vehicles sustained multiple traumatic injuries, were taken by ambulance to the hospital and the insurance company had all of the relevant medical records.
These are three specific examples from one case where the insurance company used frivolous defenses to delay and deny taking responsibility for all of the harms and losses their insured caused by crashing into the rear of the innocent plaintiff’s car. The trial courts should not condone such practices and insurance companies should be made to pay pre-judgement interest, costs and other expenses in excess of their policy limits when they clog the courts and delay justice.