The laws that we have in this country feature a number of checks and balances. These elements are put into the legal system to help citizens avoid having the law used against them in a malicious way. While malicious prosecution cases aren’t extremely common, they can cause a person a lot of stress and anguish. Malicious prosecution and abuse of process are similar, but have a number of important differences as well. If a person has been involved in a case where the other party has used the law for harassing or damaging their reputation, then they may be entitled to compensation for the pain and suffering this has caused.
The laws regarding malicious prosecution have been put in place to prevent and address issues that arise from this abuse of the legal process. The McDaniel Law Group, PLLC has experience with dealing with these types of cases. The last thing that you want to do is let a blatant case of malicious prosecution slip through the cracks. Doctors and other medical professionals have to deal with a slew of lawsuits each year and some of them can be classified as malicious prosecution. Let our lawyers help you to decide whether or not you have grounds for a malicious prosecution lawsuit.
What Has to Be Proven in a Malicious Prosecution Case?
Finding out what has to be proven in a case like this is important. By having this knowledge, you will be able to surmise whether or not your case is worth pursuing. Below are some of the things that will have to be proven in order to win a malicious prosecution case.
- The Original Case Was Thrown Out- The first thing that you need when trying to win this type of civil judgement is documentation showing the original case was thrown out. Generally, a judge will throw out these types of cases for a variety of reasons. When terms like “no probable cause” or “frivolous lawsuit are used by the judge, you may have a malicious prosecution case on your hands. As soon as the case against you is thrown out and this type of language is used by the judge, contact the McDaniel Law Group, PLLC for help.
- The Person You Are Suing Played Was Instrumental in the First Lawsuit- The next vital part of a successful malicious prosecution suit is that the defendant played an active role in the original lawsuit against you. Going directly after the person who filed the original suit will help your chances of getting the compensation you are after. Let our malicious prosecution lawyers in Washington D.C. help you build your cases against the party who has wronged you.
- No Probable Cause- Another important thing that has to be proven when trying to win a malicious prosecution case is that the original lawsuit was baseless and filed with no probable cause. If the other party filed a lawsuit without any proof of wrongdoing, then you may be able to get a judge to rule in your favor when going after damages for this malicious prosecution.
In these types of lawsuits, you will be able to go after any damages that resulted from the original filing. These damages include things like pain and suffering, damage to property and lost wages. Our lawyers at the McDaniel Law Group, PLLC will help you every step of the way.
Abuse of Process
Abuse of process cases are a bit different from malicious prosecutions. In these cases, the person being sued is generally being accused of using the law with some type of ulterior motive. If a lawsuit is filed against a person to defame them or intentionally cause them distress, then it will usually fall under abuse of process. The elements that have to be proven in order to win this type of case are as follows:
- Ulterior Motives- The most important thing that has to be proven when trying to win an abuse of power case is an ulterior motive. Our lawyers will work hard to prove that the other party used the law in an attempt to embarrass or extort money from you.
- Pain and Suffering Was Caused- Getting compensation for an act of abuse of process will require showing the judge and jury that the actions of the other party caused you distress. Whether it is a loss of wages or mental stress, you will need to show concrete proof of the damage caused to you during the original filing.
When faced with a lawsuit that is clearly an abuse of process, you need to contact our team for assistance.
We Want To Get You The Compensation You Deserve!
Attorney Jeff McDaniel at the McDaniel Law Group have a vested interest in you winning your case. Get more information about how we can help with malicious prosecution and abuse of power cases by calling us at 877-620-3644. Taking on and winning “difficult” cases is what we are known for.
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Remember, no matter the charge, you deserve the chance to defend yourself. We’ll give you that chance (and then some). Call us today at 202-331-0793 to make an appointment, or fill out the contact form on this page to seize the opportunity to protect your future.