A plaintiff initiating a claim for malicious prosecution must prove that the defendant lacked probable cause to initiate the underlying action against the plaintiff. The plaintiff must show that the defendant did not establish reasonable suspicion held by a prudent and cautious person and the underlying action was not supported by facts and circumstances that in and of themselves strongly indicated that the plaintiff was guilty of the offense charged. Additionally, a plaintiff in an action for malicious prosecution must plead and prove that the defendant initiated the action with malice by proving the defendant acted without probable cause and for the purpose of causing harm or venting ill will rather than seeing that justice is done. An inference of malice is not a presumption of law, but rather one of fact that may be rebutted. A West Palm Beach malicious prosecution lawyer will advice a plaintiff that there are two kinds, of malice, either of which may satisfy this element of malicious prosecution:

• Actual or subjective malice, sometimes called "malice in fact, which results in intentional wrongdoing;" and
  
  "Legal malice," which may be inferred from the circumstances, such as the want of probable cause even though actual malice or corrupt design is not shown.

  Legal malice is sufficient to form the basis for a malicious prosecution action may be implied or inferred from an absence of probable cause, gross negligence, or great indifference to persons, property, or the rights of others. However, malice is not legally synonymous with the absence of probable cause. Additionally, poor judgment in conducting a criminal investigation does not constitute legal malice.

  Before pursuing a cause of action for malicious prosecution, a plaintiff should consult with an experienced West Palm Beach intentional torts lawyer because such a claim is usually complicated, expensive, and emotionally charged. Therefore, if you believe you have a legitimate claim for malicious prosecution call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.