Spilled hot coffee, slip and falls in a department store, claims that Netflix is responsible for your daughter’s pregnancy; the media is full of overblown coverage of “frivolous” lawsuits. The Connecticut Post covered the most recent of these, where headlines screamed that a woman is suing her nephew for loving her too much.
There are a LOT of unfounded claims out there. There is no doubt that some money hungry plaintiffs and some unscrupulous lawyers clog up the justice system with bad lawsuits, but most of the time, if a case goes to trial, the complaint has some merit. In this case, Jennifer Connell, the woman suing her “nephew” is the victim of bad reporting and poor legal advice.
Headlines lie
The story as reported essentially told how Jennifer was greeted at the door by her exuberant nephew leaping into her arms. The impact caused a fall, and she sustained injuries to her wrist. The story glosses over the crucial details and relates that this woman is suing a little boy who loved her too much.
The real story, covered by CNN, tells a heartbreaking tale of poor policy and a woman’s suffering. Jennifer Connell is not the boy’s aunt; she is his parent’s cousin. She didn’t just fall; she broke her wrist to the extent that “surgery with internal fixation and then a subsequent surgery to remove the hardware” were required. She may yet require further surgery.
In Connecticut, her home state, laws prevent an injured party from suing a homeowner’s insurance company. Instead, a resident of the house must be sued. In this case, Jennifer’s lawyer recommended that she sue her cousin’s son. This recommendation came after her surgery and before her case went to trial, when her cousin’s home insurance company offered her $1.
Unfortunately, going to trial to sue an 8-year-old was the only alternative that Jennifer’s legal counsel saw. No competent lawyer would let a lawsuit like this go to trial; it is unwinnable in any context. Jennifer was in a no-win situation that was a direct result of Connecticut’s legislation. However, there are always alternatives, and a competent attorney can find them.
The homeowner’s insurance company should have paid for her injuries immediately and without question. Her injuries were well-documented and close friends and family witnessed the cause. Jennifer herself told CNN, “This was meant to be a simple homeowner’s insurance case. Connecticut law is such that I was advised by counsel that this is the way a suit is meant to be worded.”
A frivolous lawsuit is one founded on incomplete evidence and faulty supposition. Jennifer’s was neither, but she is nonetheless hounded by the media for seeking compensation for legitimate injuries.
Insurance companies are out to protect their bottom line, not you and your loved ones. The Rocky McElhaney Law Firm is out to protect you. We fight for your rights. We fight for you. If you have been injured in accident and are fighting an insurance company for proper compensation, contact us today for free consultation with a skilled personal injury lawyer at our Nashville, Gallatin or Knoxville office. We are on your side.
