If you have been the victim of malicious prosecution, it is important to know that you have rights. You have the right to file a civil lawsuit against the person or entity who initiated the malicious prosecution against you and to recover damages for any harm that you have suffered as a result. Explore what you’ll need for a successful claim below.

How Malicious Prosecution Works

If a prosecutor brings criminal action against someone for the purpose of punishing them or causing them harm, and/or they are prosecuted without probable cause, this may be considered malicious prosecution. If you were the victim of legal misconduct, you may be eligible for compensation for the damages you incurred as a result of a successful prosecution.

How Malicious Prosecution Is Established

To successfully sue a prosecutor for malice, you must prove that they had no reasonable cause to bring criminal charges against you other than to cause you to incur harm and that because of this legal misconduct and abuse of process, you suffered physical, financial, or emotional harm. If you are not able to prove any one element of malicious prosecution, you will not be able to move forward with a claim.

Recovering Damages

The amount of money you can get in a malicious prosecution settlement varies greatly depending on the circumstances surrounding the criminal action against you and the value of the damages you incurred. Generally, victims of malicious prosecution may be awarded compensation for court costs, attorney fees, and any income lost due to their wrongful arrest or detention. They may also be entitled to receive compensation for any emotional distress they have suffered as a result of being wrongly prosecuted.

When To Contact A Georgia Personal Injury Lawyer For Help

If you believe you have been the victim of malicious prosecution, and that a prosecutor has abused the legal system to punish or harm you, don’t hesitate to get help from a personal injury lawyer. An experienced attorney can evaluate the facts of your case and will be able to advise you on the best course of action.

At Chalker Injury Law, we understand legal proceedings and abuse of process and can fight for you to obtain the compensation you deserve for being wrongly prosecuted. Contact us today for legal guidance by calling (678) 319-9991 or 24/7 at (800) 393-8595.