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Recover Fees When The Defense Refuses To Put Up Evidence

A prime example of this conduct is when the defense fails to put up any evidence at trial. The Plaintiff tenders all the evidence for the jury's consideration. The defense merely argues that's Plaintiff's allegations are inaccurate based solely on their opinion. When the jury comes back with a verdict, it is imperative to combat these frivolous claims in both state court and federal courts.

The goal is to cast doubt on the credibility of an expert specializing in nuclear medicine and diagnostic radiology. We want to show the jury that the expert's impressive credentials do not make him an unbiased medical expert.

However, in a trial deposition, you do not want to debate the science with an experienced medical doctor. Using this tactic often leads to a losing battle where you also look foolish to the jury. Maintain the high ground and hammer the biases in a short and succinct fashion.

Our motion for sanctions example, based on the rules of civil procedure, takes the guesswork out of the process. This solid foundation allows you to argue that the defense's meritless position unnecessarily expanded the proceedings. Don't let the defense get away with engaging in improper conduct including filing frivolous lawsuits during your civil action.

By imposing sanctions against the defense's improper conduct, you send a clear message. Additionally, in these civil cases, it is important to let the trial court know that you won't back down. Proving the defense engaged in frivolous conduct to delay or harass the plaintiff benefits more than just your client. If the court determines you are their ally, that goes a long way in the pre-trial and trial phases of a case.

Use our OCGA 9-15-14. motion template, informed by cases where the court ruled against vexatious tactics, to send a clear message. You'll not only secure additional compensation for your client but also help deter future abusive litigation practices. 

To maximize your chances of success with claims for attorney fees, keep detailed records. You'll need to document your case expenses and your time logs for you and your staff. This includes everyone's hourly rates, regardless if you're a contingent fee lawyer or not. Your motion for attorney fees and expenses will now clearly show the true costs of the defense's lack of good faith.

The relevant statutes, case law only apply to a specific type a case, known as civil actions. This fee award and expense mechanism does not apply to criminals cases. We suggest you familiarize yourself with the relevant code sections and associated federal rules of civil procedure. That way you strengthen your arguments and likely avoid the appellate court.

Don't let frivolous lawsuits, frivolous motions and abusive tactics from the defense derail your case. Download our free 9-15-14 motion template today and start the process of awarding attorney fees. As the prevailing party, you secure additional compensation for your client. This also sends a powerful message to the opposing party about the consequences of their misconduct.

Preview:

IN THE STATE COURT OF HALL COUNTY

STATE OF GEORGIA

JOHN BROWN,

PLAINTIFF,

v.

ROBERT SMITH,

DEFENDANT.

CIVIL ACTION

FILE NO.:

PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES AND EXPENSES OF LITIGATION

DUE TO DEFENDANT’S LACK OF EVIDENCE AT TRIAL

COMES NOW, Plaintiff in the above-styled civil action and moves this court for entry of an order awarding attorneys’ fees and expenses of litigation pursuant to O.C.G.A. § 9-15-14, based on Defendant’s lack of evidence at the trial of this case, and in support shows the court as follows:

Statement of Facts

1. The essential facts of this case are not in dispute.

2. This case arises from a motor vehicle collision that occurred June 5, 2021.

3. Plaintiff incurred medical expenses totaling $48,900 as the result of a motor vehicle collision.

4. On March 5, 2021, Plaintiff provided Defendant and Defendant’s agent (i.e. Allstate Property

and Casualty Insurance Company) with their medical expenses and records in a formal

demand letter.

5. On May 2, 2022, Defendant, by and through their agent, offered $15,000 to settle Plaintiff’s case.

6. On July 13, 2022, and within the applicable statutory period, Plaintiff filed suit against Defendant in the above-styled Court for causing the above-listed collision which caused bodily injury to Plaintiff.

7. On September 1, 2022, Defendant’s Counsel filed an Answer.

8. In their Answer, Defendant admitted that they “breached a duty owed to the Plaintiff, thereby causing the accident.” However, Defendant contested causation and damages.

9. During the litigation of this case, Defendant did not disclose any expert witnesses.

10. On June 23, 2023 the case was tried before a jury.

11. Plaintiff presented evidence that they incurred medical expenses totaling $48,900.00.

12. Plaintiff testified their medical expenses were related to their injuries sustained in the collision.

13. Plaintiff tendered portions of their certified medical records into evidence.

14. Defendant elected to not put on any evidence or call any witnesses.

15. Defendant simply argued that Plaintiff’s medical expenses were excessive and...

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Whether you're dealing with cases involving a car crash, truck accident, or motorcycle accident case. We understand the challenges you face when countering frivolous affirmative defenses and navigating complex procedural matters.

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