To state a claim for malicious prosecution, the plaintiff must plead and prove that he or she was the defendant in a prior civil, criminal, or administrative proceeding that involved the filing or commencement of a formal complaint or charges against the plaintiff. It is essential that a plaintiff have an experienced West Palm Beach malicious prosecution lawyer, as such an action requires essential elements be proven, and if any element is lacking the court may dismiss the complaint and impose attorney's fees pursuant to Florida Statute § 57.105. Additionally, the plaintiff must prove that the defendant caused the commencement or continuance of the underlying legal action.

The plaintiff in a malicious prosecution action must also prove a "bona fide termination" of the underlying legal action in his or her favor. A bona fide termination means that the prior criminal or civil action that gave rise to the malicious prosecution lawsuit was terminated in a manner indicating that the defendant was either found not guilty of the criminal charges or was not civilly liable, and therefore, the action lacked merit. A cause of action that terminated due to technical or procedural reasons, or for reasons other than consideration of the merits, is not a bona fide termination that will sustain an action for malicious prosecution. Finally, whether withdrawal or abandonment of an action will allow the defendant in that action to successfully allege a bona fide termination in a subsequent malicious prosecution suit depends on whether the total circumstances surrounding dismissal of the action indicate that the prior action lacked merit. However, a previous action must have terminated before the issue of whether the termination was bona fide can be considered. If the action alleged to be malicious is still pending, it cannot support a suit for malicious prosecution.

Due to the complexities of a malicious prosecution action, a plaintiff should consult with an experienced West Palm Beach intentional torts lawyer; as 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.