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DeKalb County Malicious Prosecution Lawyers Turning the Tide in Your Case

Malicious prosecution is a situation where legal action is initiated against you with a primary motive to cause harm rather than resolve a dispute. As a result, the accused may suffer severe emotional distress, financial burden, and possible damage to reputation.

A malicious prosecution attorney from our team can be a lifeline in these situations. We have an in-depth understanding of how to navigate these complex cases, and we can help examine the merits of the action taken against you. Our role is not only to challenge the validity of the case but also to uphold your rights and protect your interests throughout the process.

Reputation is often one of the most significant casualties in cases of malicious prosecution. Our skilled attorneys can manage the fallout, working tirelessly to safeguard your public image. We can take legal action against those who have wrongfully accused you in a bid to seek damages. This can include compensation for legal fees, lost wages, and emotional distress.

In a situation where you’re targeted by a malicious lawsuit, having a DeKalb County malicious prosecution lawyer on your side can make a world of difference. We fight to turn the tide in your favor, using our experience to put an end to unjust prosecutions. Our unyielding dedication can provide you with the justice you deserve, holding accountable those who initiated the baseless lawsuit against you. Contact Eshman Begnaud, LLC today to schedule your free consultation at 678-892-7173.

What is Considered Malicious Prosecution?

Malicious prosecution refers to the improper filing of a legal action, lacking just cause and often driven by the intention to harass or suppress an adversary. It entails a lawsuit initiated with malicious intent, aiming to inflict harm rather than seek justice. This can have severe consequences, burdening the defendant financially, causing emotional distress, damaging reputation, and consuming unnecessary time in defense. The essence of a malicious prosecution claim lies in proving the absence of probable cause and the presence of malice in initiating the original case. A plaintiff in such a suit seeks compensation from the respondent for the various costs incurred in defending against a baseless and vexatious lawsuit.

What are Common Examples of Malicious Prosecution?

Malicious prosecution often refers to instances where someone deliberately misuses the legal system to cause harm to another person. One of the most common examples is filing fabricated criminal charges with the intent of harassing or discrediting the accused. This could be driven by personal vendettas, revenge, or the desire to inflict emotional distress.

Launching of unwarranted civil suits without a valid legal claim, often termed ‘lawsuit abuse,’ is another example. This is typically done to intimidate, financially drain, or consume the time of the defendant rather than to seek genuine legal redress.

Malicious prosecution can also be seen in the context of business competition, where false legal claims are made to tarnish a competitor’s reputation or disrupt its operations. In all these cases, the common thread is the unjust use of the legal system to intentionally cause harm.

What are the Four Main Elements of Proof in a Malicious Prosecution Case?

The four main elements of proof in a malicious prosecution case are crucial to establishing the plaintiff’s claim. These elements are:

Prosecution by the Defendant

This means the defendant was involved in instigating or maintaining the prosecution. If the plaintiff cannot directly link the defendant to the prosecution, the case may not stand.

Termination in Favor of the Plaintiff

If the original case is resolved in favor of the plaintiff, the plaintiff can proceed with a malicious prosecution claim. A favorable resolution can be an acquittal in a criminal case, a dismissal, or even a reversal on appeal.

Absence of Probable Cause

Probable cause refers to reasonable grounds for starting a criminal prosecution. The plaintiff must show that the defendant lacked probable cause to initiate the original case.

Malice

This refers to the defendant’s wrongful motive in launching the prosecution. Essentially, the plaintiff must prove that the defendant intentionally initiated or continued the prosecution for a reason other than bringing the accused to justice.

A plaintiff must prove all four of these elements to succeed in a malicious prosecution lawsuit. It’s a tough task, which is why it’s so essential to have a skilled malicious prosecution lawyer from our team by your side. We can help gather the necessary evidence, present a compelling case, and navigate the complexities of the legal system to fight for your rights.

How Much Compensation Can a DeKalb County Malicious Prosecution Attorney Get for My Case?

The compensation a DeKalb County malicious prosecution attorney can secure on your behalf largely depends on the specifics of your case. These cases are complex and can include various forms of damage. Compensation may cover legal fees, lost wages, damage to reputation, and emotional distress suffered as a result of the malicious prosecution.

In some cases, punitive damages may be awarded to punish the defendant for their wrongful conduct and deter similar behavior in the future. It’s important to note that there is no set amount for compensation in these cases. Each case is unique, and the amount of damages awarded will vary based on factors such as the severity of the harm caused, the intent of the defendant, and the impact on the plaintiff’s life.

Our team of skilled malicious prosecution attorneys can guide you through the legal process, ensuring that your rights are protected and that you receive fair compensation for your suffering. While it’s difficult to quote a specific amount without knowing the details of your case, our team will fight to secure the maximum possible compensation for you.

When Should I Hire a DeKalb County Malicious Prosecution Lawyer?

If you’ve been the victim of malicious prosecution, a DeKalb County Malicious Prosecution Lawyer from our team could be your lifeline. Legal proceedings should not be wielded as a weapon in personal feuds, and our lawyers will ensure that justice is served.

Hiring a lawyer is crucial, especially when you want to reclaim your life and reputation. We will thoroughly examine your case, identify infringements on your legal rights, and help you fight back. We can guide you through every step of the process, from gathering and assessing evidence to building a strong case and representing you in court.

With our experience, we can help you file a counterclaim for malicious prosecution. This not only helps to clear your name but may also result in financial compensation for the distress you’ve endured. Let Eshman Begnaud, LLC, fight for your rights! Contact our office today at 678-892-7173 to schedule your free initial consultation.