The Truth About ‘Frivolous’ Lawsuits

“Frivolous lawsuits” are a convenient scapegoat—used to justify laws that ultimately hurt people with legitimate claims the most. After all, who wouldn’t be against frivolous lawsuits?

Never mind that the actual number of “frivolous lawsuits” is grossly exaggerated. Or that the so-called reforms do nothing to stop the rare frivolous cases that do exist. Instead, these laws overwhelmingly harm people with real injuries by making it harder for them to seek justice.

But why does no one talk about frivolous defenses?

I’ve seen far more frivolous defenses than frivolous lawsuits.

Ridiculous liability defenses. BS causation arguments. Ridiculous lowball assessments of damages. These tactics aren’t about fairness—they’re about denying, delaying, and defending legitimate claims at all costs.

Insurance companies love to play the victim, pretending that lawsuits are the root of all problems. But the reality? These billion-dollar corporations weaponize delay tactics to avoid paying what’s fair. They refuse reasonable settlements, force unnecessary litigation, and manipulate the system—all to boost their bottom line.

And yet, when you bring up frivolous defenses, the response is always: Well, there are already statutes and legal procedures to deal with that.

You mean the same exact statutes and legal procedures that exist to deal with frivolous lawsuits?

Yes, frivolous lawsuits exist. Yes, some plaintiffs exaggerate claims. But let’s be honest:

• Insurance companies and defendants raise frivolous defenses all the time.
• Defendants lie in depositions and hide key documents more often than anyone wants to admit.

We already have a legal process to deal with this—on both sides. Changing the law in ways that hurt real victims, while giving insurance companies even more power to deny and delay, is not the answer.

And corporate interests know that. They just misuse “frivolous lawsuits” as a buzzword—a smokescreen to push laws that let them pay less on legitimate claims.

What do you think? Join the conversation with me on LinkedIn.