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When a person files a lawsuit against another to purposefully create costs, distractions and distress for that person, it is known as malicious prosecution. Pursuing legal action intentionally without probable cause are grounds for malicious prosecution. If the defendant in the case wins and has direct evidence to prove that the suit was under malicious prosecution and filed out of spite, he/she may file for damages against the plaintiff.
Malicious prosecution is very difficult to prove because malice has to be established. In other words, there needs to be proof that a client provoked their attorney to be more aggressive, so they can get the settlement in their interest. When an attorney crosses the line and acts in malice, charges of malicious prosecution can be declared.
In order to file a malicious prosecution lawsuit, it needs to be established that there was no probable cause. A personal injury lawyer can help justify your position by demonstrating other successful cases in which similar facts existed. A malicious prosecution lawyer can make sure the courts do not take your suit lightly and can strengthen your arguments.
If you believe you are a victim of a malicious prosecution, call Attorney Search Network today and get consulted by a lawyer. Our expert personal injury lawyers know malicious prosecution and can help you get the justice you deserve.
If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out our online form for your personal injury lawyer referral.