Malicious prosecution is a wrongful act that occurs when one party intentionally initiates a baseless or frivolous legal action against another, resulting in harm to the victim. It can be a devastating experience for the person who is targeted, causing significant emotional distress, financial losses, and damage to their reputation. If you or a loved one has been a victim of malicious prosecution, it’s essential to understand if compensation is an option and, if so, for how much as well. First, let’s briefly define Malicious Prosecution so we are on the same page.
What is Malicious Prosecution?
Malicious prosecution is a legal claim that arises when an individual initiates a lawsuit without probable cause or with an ulterior motive. In other words, it occurs when someone files a lawsuit against another person knowing that there is no legal basis for the claim or for some wrongful purpose, such as to harass, intimidate, or punish the victim. Malicious prosecution can occur in both civil and criminal cases, and it is a violation of the victim’s rights under the law. If you feel that you have been victimized by it, you may be curious about what can be done. Let’s go over a few points regarding exactly that.
What are the Legal Remedies Available for Malicious Prosecution?
If you or a loved one has been a victim of malicious prosecution, you may be entitled to legal remedies to compensate for the harm you suffered. The remedies available will depend on the specific circumstances of your case and the laws of your state.
In general, the legal remedies for malicious prosecution include compensatory and punitive damages. Compensatory damages are intended to compensate the victim for any financial losses they incurred, such as legal fees, lost wages, or damage to their reputation. Additionally, compensatory damages can cover emotional distress, loss of enjoyment of life, and other non-economic harms.
Punitive damages are intended to punish the defendant for their wrongful conduct and deter others from engaging in similar conduct in the future. In some states, punitive damages may be limited to a multiple of the compensatory damages, while in others, there may be no limit on the number of punitive damages that can be awarded.
Malicious Prosecution in California
According to the California Civil Code section 3294, there is no cap on the amount of damages that can be awarded in cases of intentional infliction of harm, such as those involving malicious prosecution. This means that a victim of malicious prosecution can potentially be awarded a significant amount of money in compensation, depending on the circumstances of the case and the damages suffered.
However, punitive damages are generally limited to no more than four times the amount of compensatory damages or $10 million, whichever is greater. If you are considering pursuing a malicious prosecution lawsuit in California, it’s important to consult with an experienced attorney who can evaluate your case and provide guidance on the potential damages you may be able to recover.
You can read more about that here: California Civil Code – CIV § 3294 – Punitive damages; evidence of wealth; insurance coverage; noneconomic damages; exceptions.
Consider Your Options Seriously
Malicious prosecution is a serious legal claim that can have significant consequences for the victim. If you or a loved one has been a victim of malicious prosecution, it’s important to understand the legal remedies available. Compensatory and punitive damages can provide compensation for the harm you suffered and hold the defendant accountable for their wrongful conduct.
To learn more about your legal options, it’s important to consult with an experienced attorney who can guide you through the legal process and help you seek the justice you deserve. Kirakosian Law is privileged to say that we have represented multiple people and won compensation on their behalf in the millions. If you want more information, keep in mind that contacting us is free and that you don’t pay if we don’t win.