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How to Avoid Frivolous Lawsuits

Frivolous lawsuits are every person’s worst nightmare. Society has become increasingly more litigious, with 15 million civil cases filed in the U.S. each year alone.* Common cases include traffic accidents, construction accidents, dog bites, defective products and medical malpractice. If on the defendant side of the aisle, you’re subject to innumerable court dates, constant dealings with lawyers and missed days at work, not to mention a formidable financial hardship. If you are the target of a plaintiff attorney, it will be a costly nightmare that can go on for years.

Frivolous litigation is when one party sues another party while having disregard for the merit of the argument. In other words, it’s filing a lawsuit for reasons that most individuals would consider ridiculous. Unfortunately, lawsuits of any type can run up huge costs, often bankrupting a person or business.

So What Exactly is a Frivolous Lawsuit?

It’s estimated that Americans spend over $300 billion a year in litigation. And the cost of frivolous lawsuits can be huge. In 2016, Subway was looking at setting a class-action lawsuit because its “footlong” sandwich was discovered to be one inch shy of a foot. Attorneys involved in the case were to receive $520,000 in fees, but the judge dismissed both the settlement and the case.

There’s also a case where an Aunt sued her nephew for $127,000 after the hug he gave her caused her to fall and break her wrist. There was even a man who tried to sue a dry cleaner for $54 million after they lost his pair of trousers. While most of these lawsuits are ultimately unsuccessful, it’s important to note that they can still cost the accused thousands of dollars in legal fees. In rare cases, they are successful. Then those costs can run into the hundreds of thousands or even millions

It’s a lawsuit that is brought by a plaintiff who knows that it has no legal merit.

Why Do People File Frivolous Lawsuits?

Bottom line is to get money!  However, another underlying reason is that people simply do not want to take responsibility for their own actions. Remember the lady who sued because she was burned from McDonald’s hot coffee?  While that lawsuit is one of the more famous, there are similar lawsuits cropping up every day:

  • Lottery winners sued by a non-participating co-worker
  • Lawyers sue on behalf of shareholders that don’t own shares
  • Unpaid interns sue the studio for wages
  • Obese man sues burger joint over tight squeeze in booths

What Can You Do To Protect Yourself Against Frivolous Lawsuits?

First off, keep in mind that everyone is vulnerable to being sued–not only corporations.  Whether you are rich or poor, old or young, friend or neighbor, co-worker or family, people are suing each other like crazy for crazy reasons.  These frivolous lawsuits cause a variety of problems such as:

  • Increasing the price of products and services
  • Increasing the price of insurance
  • Wasting the legal system’s resources
  • Rewarding people for not being responsible for their own actions
  • Forcing innocent people to spend money on a legal defense

High Cost of Litigation

A new lawsuit is filed every 20 seconds in America. Your odds of being sued each year are greater than ending up in a hospital. And the cost of defending yourself – even if you’re found innocent – can easily total up to $40,000 or more. A recent report by the U.S. Department of Justice** revealed that judges seem to be more inclined to believe the plaintiff (56%) than juries (51%). The amount of damages that were paid out in cases that went to trial is as follows:

  • Half of all plaintiffs received no more than $24,000
  • The median award is $31,000 for all cases
  • The median award in motor vehicle personal injury cases is $16,000
  • The median award in premises liability cases was $90,000
  • Intentional tort cases had a median payout of $100,000
  • Medical malpractice cases paid out an average of $679,000
  • Product liability cases had a median payout of $748,000

In terms of time spent, the report found there were large differences in the court process for personal injury cases:

Tort lawsuits: 23 months (includes all negligence cases as well as intentional wrongs which result in harm)

  • Motor vehicle accident cases: 20 months
  • Medical malpractice cases: 31 months
  • Premises liability: 24 months

When you examine the numbers, this time-consuming and costly situation can easily break an individual, with a “cash register” that keeps running as the defendant remains entangled in the legal system. How, then, can an individual protect oneself, much less win the battle of a lawsuit?

The good news is that there is a way to protect yourself. Taking out liability insurance ensures your legal costs are covered if you are sued. This holds whether you are sued for frivolous reasons or otherwise.

XINSURANCE: We Stand By Your Side

Did you know there were over 21 million lawsuits filed in the United States last year? XINSURANCE provides you with a partnership approach with people who provide the protection, deliver the coverage, and defend you if you do get sued – even if it’s for frivolous reasons. True peace of mind comes with having true umbrella coverage for liability, and XINSURANCE is proud to offer this to its customers. In a frivolous society, we stand by your side, so whenever an accident or incident occurs, we’ll be by your side as your trusted partner. At XINSURANCE, we can provide custom personal and commercial liability insurance solutions to eliminate your exposure and to protect you from unscrupulous lawyers. And – if lawsuits arise – we fight on your behalf when things go wrong. The company must be willing to fight for you in court, if needed, rather than rushing to settle a frivolous lawsuit. We fill in the gaps in your personal or business insurance plan – exclusions, conditions, and limitations – that can add up to thousands of dollars if you’re sued. Legal plans simply don’t have the expertise to customize the way we do… let alone to defend you if you fall victim to a lawsuit.

How to get in touch with XINSURANCE

If you need liability insurance, get in touch with XINSURANCE today. Call us on 877-585-2853, email us at or visit our website to view our extensive product line. You can also click for a quote with absolutely no obligations.

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All individuals and businesses deserve to go about their daily lives without fear of facing a frivolous lawsuit. Thankfully, XINSURANCE has your back. No matter what activities you carry out, we can get you the coverage you need.

Updated on November 1, 2021 at 10:00 AM

Reviewed by Rick Lindsey, President, Chairman, and CEO of XINSURANCE

Rick Lindsey hails from Salt Lake City, Utah. He began working in the mailroom of his father’s Salt Lake City insurance firm, getting his introduction to the business that became his lifelong career. Lindsey quickly rose through the ranks while working in nearly every imaginable insurance industry job. As an entrepreneur, specialty lines underwriter, claims specialist, risk manager, and a licensed surplus lines broker, Rick Lindsey is highly skilled in all levels of leadership and execution. As he progressed on his career path, Rick discovered an urgent need for insurers willing to write policies for high-risk individuals and businesses. He was frequently frustrated that he could not provide the liability protection these entities desperately needed to safeguard their assets. He also formed the belief that insurance companies acted too quickly to settle frivolous claims. Lindsey decided to try a different approach. He started an insurance company and became the newly formed entity’s CEO. This opportunity has enabled Rick to fill a void in the market and provide a valuable service to agents and broker who write high-risk business as well as provide insurance options for both businesses and individuals.