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“In suits at common law, trial by jury in civil cases is as essential to secure the liberty of the people as any one of the pre-existent rights of nature.” James Madison.

Frivolous Defenses Are Rampant In Nebraska Personal Injury and Workers Compensation Cases

One of the most pernicious myths propagated by the insurance industry and its corporate allies is that the courts are clogged with so-called “frivolous” or “junk” lawsuits. The unspoken assumption behind that phony talking point is that trial lawyers make money on so-called frivolous lawsuits.

The corporate talking point that plaintiff’s lawyers make money on junk lawsuits is utter nonsense. Trial lawyers like myself take cases on a percentage or contingent fee basis. No upfront money is required when you hire me. We don’t earn any money unless we win the case. At the same time, we have to spend money on medical records, filing fees and expert witness costs.

What this means is that personal injury and workers compensation lawyers generally don’t take on cases unless we have a good chance of prevailing. We would be wasting our time and money on junk lawsuits. Consequently, there are no frivolous or junk lawsuits. What is the point of pursuing a case and losing time and money on it?

What is rarely mentioned is that frivolous defenses are rampant in Nebraska personal injury and workers compensation cases. The lawyers for the insurance companies and corporations get paid by the hour. They make more money when the case gets dragged out.

In just about every personal injury case that I file, the insurance company lawyer denies that his/her client is at fault. They even do it in cases where the bad driver rear ended my client! Usually, just before trial, the insurance company will allow its lawyer to admit fault but it can take as long as a year before you get that kind of admission.

Similarly, the insurance company routinely refuses to admit that my client’s medical bills are fair and reasonable, and necessitated by the accident. Once again, just before a trial, the insurance company will admit in some cases but not all, that my client’s medical bills are fair and reasonable. They will never admit to necessity.

In most personal injury cases, the frivolous defenses never end. When a case is settled, my client is required to sign a release. Every release contains a denial of liability or fault by the bad driver and/or corporate defendant.

Similarly, junk defenses are raised in just about every workers compensation case. After a workers compensation lawsuit is filed, the lawyer for the insurance company denies that the injury is work related — even if the insurance company has been paying benefits on the case. Once again, if the case is settled, the workers compensation insurance company continues to deny any responsibility for the work related injury.

Insurance companies spread this propaganda talking point about imaginary frivolous lawsuits to discourage people from filing claims and hiring lawyers. The corporations also spread this lie to influence the jurors who are hearing and deciding personal injury cases. The top 1% would prefer that the juries award less money.

If you are injured in a car accident or on the job, please feel free to call me. The first phone call or meeting is free. I’ve been representing injured people since 1986. That kind of experience and knowledge can make a big difference. You’re not saving yourself any time or money trying to go it alone. You can reach me at 402–466–3040 or 1–888–402-HURT (4878). Thank you.

I’m a trial lawyer, a Democratic activist and a sports fan.

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