In California, Malicious prosecution is applicable if:
- One person files a frivolous claim against another person
- This claim was not filed to win, but for another purpose,
- The person who the claim was filed against suffered damages because of the claim
But that’s the short answer. How do you know if YOU need to hire the best personal injury attorney in Los Angeles and go in for the claim? Read this article to learn the ins and outs of this part of the law, and see whether you should bring a malicious prosecution claim…or not.
Even when they relate to criminal cases, a claim of malicious prosecution is a civil case. It is designed to handle lawsuits that are filed to
- And are without merit
Even when the falsely filed lawsuit is a criminal one, the claim for malicious prosecution remains a civil one. A personal injury attorney in Bakersfield would be able to tell you more.
So what is Malicious Prosecution?
In California, this is a cause of action that is intended to pursue people who file frivolous lawsuits and cause damages. To do this, the plaintiff needs to prove certain elements. There are four of these elements,
- A lack of probable cause: This occurs when a claim is brought about without justification. This is analyzed on a case by case basis
- Malicious Intent: This applies to the plaintiff of the original lawsuit, and their intent. For example, if they simply named the wrong person then it is not malicious intent.
- Winning the Frivolous Lawsuit: The plaintiff must show that they won the frivolous lawsuit
- Legal Damages: They suffered damages as a result of the frivolous lawsuit
If all four of the above elements can be proven in the eyes of the court, a Los Angeles personal injury lawyer will be able to help you file a malicious prosecution case.
What aspects does the jury consider when they decide if the case is proven?
To successfully prove a claim of malicious prosecution, the plaintiff must prove the following by a preponderance of the evidence:
- That the defendant (the person they are filing the suit against) was complicit in bringing the suit
- It ended in favor of the plaintiff
- The plaintiff was harmed
- That the defendant wasn’t concerned with the merits of the claim, but rather some other reason
- That another reasonable person wouldn’t have believed that there were grounds to bring a lawsuit against the plaintiff
- The conduct of the defendant was a part of what caused the plaintiff harm
What kinds of damages can I gain if I win my case?
If you happen to be successful in your case, and had a good personal injury attorney from Los Angeles, then you can recover both economic and non-economic damages.
Your economic damages include but aren’t limited to:
- Attorney Fees
- Lost wages
- Costs of litigation
- Cost of bail bond
- Medical or psychological therapy costs
- Court fees and expenses
- Other financial losses
Your non-economic damages can include
- Pain and suffering
- Loss of reputation
- Emotional Distress
If you suffer any of these damages, you can receive compensation for them, so get in a consultation with a Bakersfield personal injury lawyer as soon as you can, to maximize your chances of a speedy resolution.