Insurance companies and corporate defendants often try to deny a legitimate personal injury claim. It is one thing to litigate a case in court. But it is quite another when a defendant raises arguments it knows to be frivolous.
For this reason, Georgia law allows successful personal injury plaintiffs to ask for a determination of whether or not the defense “presented a frivolous claim or defense.” This requires the court to hold a “bifurcated” or two-part hearing. In the first part, the “trier of fact,” which is typically a jury in personal injury lawsuits, decides if the challenged defense was in fact frivolous. If the answer is “yes,” then the trier of fact must then assess an appropriate award of damages to the plaintiff, which may include attorney’s fees and litigation expenses.
Showan v. Pressdee