If you were served with a frivolous lawsuit, you are probably angry and may not understand whether the accusation fits the particular situation or concern. What happens if the lawsuit is without merit? You cannot prevent a person from filing a frivolous lawsuit but there is a remedy. If the lawsuit was filed without probable cause and with malice, the lawsuit needs to be defended. If successfully defended, you can seek compensation with a claim of malicious prosecution.
HOW DO YOU PROVE MALICIOUS PROSECUTION?
When considering how to prove malicious prosecution, you must determine the facts and see how they all fit together within the requirements of the framework regarding malicious prosecution. It can be a very circuitous route but, in the end, reveals the reasons that the first lawsuit was unfounded. To prove malicious prosecution, you must be able to prove the following four elements:
- The original proceeding was terminated in favor of the person being sued or prosecuted
- The defendant played an active role in the original case
- The defendant did not have reasonable grounds or probable cause to support the assertions in the original case
- The defendant initiated or continued the process with a purpose other than getting a judgment in the proceeding
The true process of malicious prosecution focuses on the abuse of the legal process rather than on issues of defamation or untruthfulness on the part of the defendant. The burden of proof is yours during the case to prove and support that the person who began or continued the original case did not have legal reason to do so.
DO YOU HAVE A CASE?
It is easy to feel overwhelmed and uncertain when false charges have been brought against you. Being taken to court over what you feel are false pretenses can cause devastating psychological effects and possible irreparable damage to your reputation.
Every case is different and unique but one of the major considerations you must make when pursuing a malicious prosecution case is what you hope the outcome will be. A malicious prosecution claim is meant to seek punitive damages as justice. It can take thousands of pages of documents in order to find the evidence needed to prove a malicious prosecution case.
WHY DO WE HAVE TO REVIEW OR REDO THE FIRST CASE?
A relationship built on honesty and cooperation is invaluable between you and your attorney, especially during a malicious prosecution case. You will most likely have to review or even redo the first case to find the specific facts that deal with malicious intent and show how the initial defendant initiated or continued the original case with an inappropriate purpose. If you have been subject to false and malicious prosecution in the state of California, you deserve immediate legal assistance.
The final result of a successful malicious prosecution claim is the full and appropriate restitution of any damages, pain, or suffering the case may have caused to you and the justice system. Weissman and Associates has the knowledge and experience to thoroughly investigate your case so that you can get the justice you seek. Contact us today for a free consultation.