If we were to ask you to describe a frivolous personal injury lawsuit, you would probably include exorbitant non-economic damages, such as multi-million dollar claims of emotional distress.
Most people learn of these payouts from obnoxious chain emails or cable news talk shows with headlines like: “THIS IS WHAT’S WRONG WITH OUR COUNTRY!!!”
These anecdotes are often completely made up (like the infamous story of a burglar who got stuck in his victim’s garage for eight days and sued for mental anguish), but their legal foundation is sturdy.