To maintain an action for malicious prosecution, a plaintiff must plead and prove the following:
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The commencement or continuance of an original criminal or civil action;
That the action was brought by the person who is the defendant in the malicious prosecution action;
The termination of the original action in favor of the party who is the plaintiff in the malicious prosecution proceeding;
That the original action was brought without probable cause;That the original action was instituted with malice; and
That the plaintiff in the malicious prosecution action suffered damages.Implicit in a cause of action for malicious prosecution is the requirement that the prior proceeding be instituted with malice. Malice is not only an essential element it is the essence of the cause action. "Malicious" means without reasonable cause and for a purpose other than that for which the criminal prosecution is provided and for spite, out of ill will, animosity and with a desire to do harm for harm's sake. The requisite malice may be one of two kinds:
Actual or subjective malice, sometimes called "malice in fact; and
"Legal malice," which may be inferred from circumstances, such as the want of probable cause, even though actual malice or corrupt design is not shown.
Legal malice 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.
Blog for Malicious Prosecution
- Malicious Prosecution | Proving a Bona Fide Termination of the Prior Litigation in Plaintiff's Favor
Description: If you believe you have a legitimate claim for malicious prosecution call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
Library for Malicious Prosecution:
- Malicious Prosecution Action | Proving Defendant Initiated Underlying Action without Probable Cause and with Malice
Description: West Palm Beach malicious prosecution lawyer | Call Sharmin & Sharmin P.A. 1-800-74-TRIAL - Malicious Prosecution | Proving a Bona Fide Termination of the Prior Litigation in Plaintiff's Favor.
Description: West Palm Beach Malicious Prosecution Lawyers | If you believe you have a legitimate claim for malicious prosecution call Sharmin & Sharmin P.A. 1-800-74-TRIAL.
