Posted On: March 24, 2008, 1:56 pm CDT

Posted By: Anon

Problem is that included in most liability policies is a provision to provide legal defense against suit. Even if the suit is frivilous or merit-less, a defense still needs to be prepared and presented. If by some miracle the case is settled as having no merit to show liability toward the bar or server it will still tie up the legal system (as well as racking up legal costs) which gets passed onto all policy holders.

Sadly, there's no such thing as filing a suit to see what happens. The plaintiff may not worry since most ambulance chasing PI attorneys don't charge unless you're awarded a settlement. The point of most of these suits is to never get to court. File a rediculous lawsuit hoping that the defendant will realize that paying "go away money" voulentarily is more cost effective than actually trying to defend and risk being ordered to pay more.

Watch "A Civil Action" to see a great example of PI law proceedings.