Normally, criminal and civil lawsuits are filed in order to punish wrongdoings or obtain compensation for a plaintiff who may need it to cover medical bills or other damages brought on by another party’s negligence. However, in some cases, these suits are filed with ill intent. Someone facing a baseless criminal or civil claim may be able to file a claim of malicious prosecution.
What is malicious prosecution?
When a party intentionally files a claim with little evidence and solely for the purposes of harassment, intimidation or defamation, that is malicious prosecution. In a criminal case, this might mean bringing a charge without probable cause. In a civil case, this might be filing a claim without proof of quantifiable damages. If this happens, and the case is dismissed or otherwise terminated, the defendant may be able to file a malicious prosecution claim. This can also apply in the case of search warrants executed with no probable cause.
Malicious prosecution compensation
Those who have faced malicious prosecution may be able to recover compensation for the emotional toll the previous suit took on them. They may also be able to gain compensation for lost wages, if the prior suit affected that, or for damage to their reputation, as well as attorney and court fees resulting from the bogus claim.
Someone who has faced bogus criminal charges or baseless accusations in a civil suit should consider speaking to an attorney. A civil rights attorney could help them to file a malicious prosecution claim and assist them in proving that the prior proceedings were without merit and were pursued with ill intent.