Fighting back against malicious prosecution can be difficult, but it’s important to know your rights and to take action if you believe you have been a victim. You may be able to obtain compensation for damages that occurred as a result with the help of a veteran personal injury lawyer. Here’s what to know and what steps to take next.

When Prosecution Becomes Malicious

Prosecuting someone for a crime may be considered malicious and an abuse of process if the prosecutor has no reasonable grounds to bring forward criminal charges and/or is prosecuting someone with the express purpose of harming them or their family. When successful, malicious prosecution inflicts serious damage, including financial harm, social and reputational harm, job loss, and emotional suffering.

The Burden Of Proof

Like other personal injury cases, the burden of proof is on the plaintiff in a malicious prosecution case. This means that you need to bring evidence to the court that establishes all the elements of malicious prosecution existed, including:

• The prosecutor had no other reason besides malice aforethought to prosecute you
• The judge made a ruling in your favor
• You incurred economic and/or non-economic damages as a result of the legal action brought against you

Covered Damages

A malicious prosecution lawsuit settlement can include reimbursement of legal fees, payment for lost wages, and compensation for any physical or psychological suffering caused by being charged with a crime you didn’t commit. Additionally, the settlement may provide punitive damages to punish the wrongdoer and discourage similar conduct in the future. In some cases, the settlement may also include an apology or a public statement admitting responsibility.

How An Atlanta Personal Injury Lawyer Can Help After Malicious Prosecution

There are a few key ways that a personal injury lawyer can help if you’ve been the victim of malicious prosecution. First, your lawyer can help investigate your case, including talking to witnesses, reviewing police reports, and collecting other evidence.

Should a lawsuit be filed, your attorney will begin to negotiate with the prosecutor and/or their malpractice insurance carrier to attempt to settle outside of court. Then, if an agreement cannot be reached with the insurance company, your case will go to trial, where your attorney will represent you and fight for a verdict in your favor.

Southside Injury Law can help. Call today by dialing (770) 703-6008 or (800) 393-8595.