Verdicts + Victories: Behind the Curtain of Personal Injury Law

Frivolous Lawsuits

In this episode, personal injury attorney Brandon Smith demystifies the concept of frivolous lawsuits—cases with no legal or factual basis that waste court resources and are penalized under state law. He explains that while the term is often sensationalized, most legitimate personal injury cases arise from real harm, such as catastrophic injuries or wrongful deaths. Smith notes that some cases initially appear frivolous until deeper investigation—like reviewing surveillance footage or medical records—reveals valid grounds for recovery. Conversely, fraud exists too, such as people staging accidents in stores. He also stresses the role of video evidence in clarifying facts and how defense teams sometimes withhold footage, which can lead to court sanctions. For business owners, Smith recommends robust insurance coverage and clear policies to protect against potential litigation in a highly litigious society. Discussing famous examples like the McDonald’s hot coffee case, Smith highlights how public perception often oversimplifies complex situations. He distinguishes between frivolous lawsuits and cases that only seem minor but involve genuine injuries. Finally, Smith reassures listeners that consultations for personal injury claims are free—lawyers like him work on a contingency basis, meaning they only get paid if the client wins. His parting advice: don’t hesitate to call an attorney after an accident, seek prompt medical attention (preferably from an MD), and remember—“you only get one body,” so protecting your health and rights is never frivolous. https://www.brandonsmithlawfirm.com/