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What is a Malicious Prosecution Claim? If a civil or criminal case is wrongfully prosecuted, the defendant in that case may be able to turn around and sue the plaintiff for malicious prosecution.
Essential Elements of Malicious Prosecution A successful malicious prosecution claims requires that: the defendant begin or continue a criminal or civil legal proceeding without reasonable grounds to believe the allegations of the proceeding and with a purpose other than simply getting a judgment in the proceeding called "malice" in legal terms the defendant has lost the original "false" case he or she brought against the plaintiff, and the plaintiff was damaged by the defendant's "false" case.
Examples of Successful Malicious Prosecution Lawsuits Below are some examples of successful malicious prosecution claims. A bank was successfully sued for malicious prosecution after its employees intentionally gave false information to the public prosecutor about the criminal defendant's now the malicious prosecution plaintiff supposedly illegal banking activities. When a defendant admitted that he did not know who actually stole his property, that admission proved he had the plaintiff arrested for an improper motive, leading to a successful malicious prosecution claim.
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Malicious Prosecution and Abuse of Process Both the criminal and civil legal system can be used improperly and for purposes other than intended. Malicious Prosecution Malicious prosecution arises when an individual or entity uses the legal system to bring a criminal complaint or charge against someone, even though that individual or entity knows that either 1 no crime has been committed; or 2 the person they accuse is not the individual who committed the crime.
Second, the defendant instituted or cooperated in the institution of the charges; Third, the defendant pursued the case without probable cause; and Fourth, the case was terminated in a manner not unfavorable to the Plaintiff.
Abuse of Process Abuse of process is appropriate when an individual or entity initiates legal proceedings for a purpose the legal process was not designed to produce. Sanctions When misconduct occurs in the process of litigation, the appropriate way to address that misconduct is through court-ordered sanctions.
How Can We Help? Are you an employer? Are you an employee? The difficulties proving your case mean that you need the right evidence, which means you need an attorney skilled in taking discovery. Discovery is the legal process to seek information, deposition testimony, documents, and other evidence from the opposing side in a case.
Discovery is subject to strict court rules that can be hard for non-lawyers to understand and follow. Costs for documentation, court fees, legal fees, court reporters, and other discovery costs can add up fast. Needless to say, your malicious prosecution attorney would also have their own bills. A malicious prosecution action can thus double your legal costs. You probably paid an attorney to defend you in the wrongful case against you. You will then have to pay legal fees to the attorney who helps you file a malicious prosecution lawsuit.
The cost and headache of this type of claim must be taken very seriously. Still, despite the cons, there are times when a malicious prosecution claim is both just and necessary. On the plus side, even difficult cases can help you get the recovery you need in terms of money and things that are worth even more.
One of the benefits of a malicious prosecution claim is that you may be able to recover your attorney fees from the wrongful action. Malicious prosecution is different. The injury in this type of case is an abusive legal proceeding the original case. Any fees or costs incurred as a result of the wrongful case are thus recoverable as damages. Financial damages to you and your business may also be recoverable in an action for malicious prosecution.
This is especially true where the claim relates to a wrongful administrative action. If you have been wrongfully sued, you probably feel the need to clear your name. Having a public record showing that you are in the right could be your most valuable win. A good reputation is priceless. Consider Ed the contractor again. His customer filed a complaint against him in order to avoid payment.
By winning a malicious prosecution case, Ed has a court judgment showing the earlier action against his license was wrong. That public record will clear up any doubt that Ed is an ethical contractor who does good work.
It should never be used carelessly, but it can be a powerful tool for restoring you or your business after wrongful attempts to harm you have failed. Criminal, civil, and administrative justice require that the claims filed are fair and brought for a proper purpose.
If someone has misused the legal process against you, contact an attorney for a free consultation about your rights and the proper legal remedies in your state.
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