After a car crash, when recovering from your injuries, the last thing you need if for the negligent defendant’s insurance company to deny all or part of your claim and then for their lawyers to file frivolous defenses to your lawsuit. When insurance companies and large corporations raise frivolous defenses to delay or deny the meritorious claims if injured victims, it doubly harmful. It slows down the judicial process and it denies reimbursement for someone who has been harmed by unsafe practices. It takes time, effort and money to file a lawsuit in the Commonwealth of Virginia. It is not something to be done lightly, and at the Herndon law firm ABRAMS LANDAU, Ltd., we investigate our clients’ cases before sending a demand to the defendant’s insurance company and certainly well before filing anything with a court.
There are some insurance companies that are notorious for denying, delaying and filing frivolous defenses in order to increase their earnings due to the "time value" of money. There are defense firms that will "churn paper" in order to bill lots of hours. And there are companies that will not settle even meritorious and catastrophic injury cases, preferring instead to wage a "scorched earth" policy in the hope of dissuading legitimate claims from ever filing a case to have their "day in court." When I hear people like John Stossel lamenting "frivolous lawsuits" on television, commentators on the radio complaining about "the lawsuit crisis," and get a holiday card from the head of the American Medical Association decrying "frivolous law suites" [sic], I just wish they would spend a week in my shoes, and go with me to court so that they could see real cases and the havoc frivolous defenses play on my disabled clients, their families and the American legal system. The delay tactics and meritless defenses need to be stopped, by awards of pre-judgment interest, sanctions and costs.