In the state of California, malicious prosecution is an unsettling reality that can turn lives upside down. It’s a legal nightmare that can leave individuals feeling unjustly accused, emotionally drained, and financially strained. Navigating the complex legal landscape of malicious prosecution can be a daunting task, but you don’t have to face it alone.
At Kirakosian Law, we understand the profound impact that false accusations can have on your life. With our expertise and unwavering commitment to justice, we stand ready to help you seek the compensation you deserve for the wrongful prosecution you’ve endured. In this blog, we will delve into the intricacies of malicious prosecution, including an exploration of the average settlement amounts in such cases, providing you with valuable insights to understand your rights and options.
What Can Be Determined As Malicious Prosecution?
Malicious prosecution cases can be complex, but they boil down to a few key points you must prove:
- Legal Action Against You: First, you need to show that someone took legal action against you, whether it’s a civil lawsuit or criminal charges.
- Victory in Your Favor: You must demonstrate that you won that legal case. This means the charges were dropped or the lawsuit was dismissed.
- No Valid Reason: The person who took legal action against you should not have had a good reason for doing so. It should have been unjustified or without a valid basis.
- Malicious Intent: The main reason they did it should have been to harm you intentionally, not just by accident or mistake.
- Harm Suffered: Lastly, you need to show that you suffered some form of harm as a result of their actions.
Remember, in civil cases like this, you don’t need as much evidence as in criminal cases. But you do need to prove all these elements to win.
In California, malicious prosecution cases revolve around four key factors:
- Lack of Probable Cause: To succeed, you must prove that the legal action taken against you lacked a valid reason or justification. This is decided on a case-by-case basis to see if you were wrongly included.
- Malice or Malicious Intent: It’s not enough for someone to make a mistake; they must have deliberately filed a frivolous lawsuit with ill intent, aiming to cause harm.
- Winning the Previous Lawsuit: You must have won the previous legal case, especially regarding the claims made in the new lawsuit. This is known as “favorable termination.”
- Proving Damages: To make a successful malicious prosecution claim, you must provide evidence of both economic and non-economic compensatory damages at trial.
It’s crucial to establish all four of these elements to win your malicious prosecution case, as failing to prove any one of them can result in a loss in court.
Average Settlements Vary
The average settlement in malicious prosecution cases can be quite diverse. When you’ve been wrongly accused of a crime and consider filing a malicious prosecution lawsuit, it’s essential to grasp the complexities involved. In California, for instance, proving that the original prosecutor lacked probable cause is a requirement.
Settlement amounts in these cases are not fixed; they depend on various factors like the extent of losses, liability issues, and case specifics. Settlements can range from a few hundred dollars to millions. The actual worth of a case hinges on factors like documentation quality, time lost due to injuries, and economic losses such as medical bills. Consulting an experienced personal injury attorney is advisable for an accurate assessment.
Calculating Damages
Malicious prosecution damages can be substantial, whether the case was civil or criminal. Typically, compensatory damages are awarded, which include economic damages (like losing a job due to false criminal charges) and non-economic damages such as emotional distress or damage to one’s reputation. While there’s no set limit on how much you can sue for in malicious prosecution, the key question is how much you can realistically win.
It’s challenging to determine an “average settlement” due to the vast variations between cases. However, it’s worth noting that damages in malicious prosecution cases involving false criminal charges often tend to be higher, especially if the defendant faced time in jail or prison.
Seeking Justice in Malicious Prosecution Cases
At Kirakosian Law, we stand unwaveringly by individuals whose rights and dignity have been unjustly stripped away by those in positions of power. Consider the case of Lyle Spruill, a recent triumph for our firm, where we secured a $500,000 settlement. Lyle’s ordeal began with false accusations of a crime he did not commit, followed by a harrowing experience of malicious prosecution at the hands of those who pledged to protect him. This case came to the forefront in August when the Los Angeles Times shed light on the inherent trust placed in law enforcement.
In December 2020, Lyle Spruill found himself arrested and charged with the attempted murder of a police officer. Six sheriff’s deputies claimed
to have heard a gunshot while pursuing a suspect, with one even providing eyewitness testimony of seeing a gun. Astonishingly, no firearm was ever discovered, and yet Lyle Spruill endured six long months behind bars, grappling with the aftermath of a grave injustice.
If you or someone you know is seeking answers regarding civil rights violations or wishes to explore the intricate realm of malicious prosecution, it’s possible that you’ve been a victim of such circumstances. Kirakosian Law is here to offer guidance, support, and unwavering advocacy for those who have suffered unjustly in malicious prosecution cases.
Your Partner in Seeking Justice: Contact Kirakosian Law
In cases of malicious prosecution, there’s no one-size-fits-all when it comes to settlements. The outcome depends on the unique circumstances of each case. For an accurate assessment and guidance on your potential compensation, consulting an experienced personal injury attorney is crucial. They can analyze the specifics of your situation, evaluate the damages you’ve suffered, and provide you with informed guidance on the potential compensation you may pursue.
When it comes to the daunting and distressing realm of malicious prosecution, Kirakosian Law is here to serve as your unwavering advocate. We understand the profound impact such injustices can have on individuals and are committed to pursuing justice with tenacity and compassion.
If you or someone you know has been a victim of malicious prosecution, don’t hesitate to reach out to us. Your rights matter, and we are dedicated to ensuring they are upheld. Contact Kirakosian Law today, and let us stand by your side as you seek the justice and restitution you rightfully deserve.