Is there any legal recourse for filing a frivolous, malicious personal injury lawsuit?
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Is there any legal recourse for filing a frivolous, malicious personal injury lawsuit?
I had surgery to repair injuries sustained in an auto accident in which the other driver was found at fault, cited at the scene. She has filed suit against me for personal injury claiming she is disabled (which I have witnessed is a complete fallacy). Beside the obvious injury suit I have, is there any legal recourse for an individual who files such a malicious and frivolous claim against the victim of her own negligence?
Asked on May 21, 2011 under Personal Injury, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You could sue for abuse of process and seek punitive damages (a substantial amount of monetary compensation to punish the malicious conduct). Abuse of process is abuse of the legal system; in this case by filing a frivolous lawsuit.
When you file your answer to the complaint (lawsuit), file your cross-complaint (countersuit) for abuse of process. Then, file a motion for summary judgment. A motion for summary judgment establishes that the other party cannot prevail.
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