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Walk in Someone Else’s Shoes Before Casting Judgment
Perhaps what is truly “frivolous” is in the eyes of the beholder. Although it is difficult and unpleasant to do so, imagine you were negligently injured by another person, or a doctor. Imagine the injuries were so severe that you have to undergo surgery, or surgeries. You are forced out of work for a month or more. You lose your job. Your spouse has to try to make ends meet. You can’t pay your bills. Your children cry and wonder why you have changed and why you don’t go to work anymore. Imagine an Insurance company says you are faking your injuries, refuses to honor your claim, and hires lawyers to fight your case. Imagine them digging into your private life, hiring private investigators to look for dirt on you, follow you, film you and your family, all looking for a way to avoid paying the claim. Imagine them delaying your case every step of the way for years, all the while your life falls apart. All you want is to have things back the way they were before you were hurt. Now, imagine the insurance company lawyers get up in trial suggests to the jury that your case is “frivolous”.
In reality, the facts and data cited above, and in numerous other unbiased data and studies, show that the “tort reformers” are really the ones taking the “frivolous” position. Maybe it is time for more corporate accountability and less hypocrisy.