What is a “frivolous claim” and why is one a problem?

Legal cases are judged on their substance. Parties to proceedings generally present their side of the argument by submitting evidence to the court for review. In civil proceedings, the burden of proof is based on a preponderance of evidence. Essentially, this means that the party that presents evidence convincing the court that their account is more than 50% likely to be true will be successful.

There are occasions when cases are filed that have no chance of ever meeting this standard of proof. In fact, certain claims may have no factual basis whatsoever, and these are typically referred to as “frivolous claims”.

Proving that a claim is frivolous

A potentially weak case and a frivolous claim are not the same, and it can be tricky to establish the latter. There are legal options available if you can illustrate that a claim filed against you or your company was brought about under false pretenses and has no factual substance.

Countering a frivolous claim

When facing a frivolous claim, you can potentially move to have the court dismiss it. You may also be able to raise a counterclaim and pursue any damages for harm that you and/or your business have suffered, such as a loss of reputation. You may also be entitled to compensation for any fees that you have put into defending the claim.

Why do people make frivolous claims?

At first, it may not sound sensible to launch a legal claim that is potentially weak, let alone frivolous. However, having any sort of claim lodged against your company can be both expensive and time-consuming. This is often the motivation behind such claims, to cause you or your company inconvenience.

With the right legal guidance, you can counter frivolous claims efficiently. We help businesses who are facing lawsuits. Don’t face one alone. Contact us for a consultation.