The definition of a frivolous lawsuit is one that is brought with no legal merit and little or no chance of success.
Frivolous cases are those that are brought based on absurd legal theories or that have no underlying basis in fact. While the insurance industry has done a wonderful job of creating the illusion that these cases are filed by personal injury lawyers every day, the reality is that frivolous suits are few and far between.
Personal injury lawyers are, in almost every case, paid on a contingency fee basis. This means that they make no money at all if they lose the case. There is, therefore, very little incentive to bring a case that has little or no chance of winning.