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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.