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How should I calculate how much I should ask for emotional distress damages in a malicious prosecution case?

San Francisco, CA |

This is a case against a civilian who has sued me and lost over 20 cases/appeals in the last 5 years. The basics he bought the house my dad rented and the judge would not let him kick my dad out and move in; it resulted in 15 years of court cases between the 2 of them. My dad died and we paid him more than expected under the law in hopes it was over. He illegally sued me several times for ridiculas reasons with 0 possible chance of winning. He has lost every case and appeal but keeps suing. How do I determine how much to sue for?

Attorney Answers 3


  1. There are a plethora of factors that determine what a case is potentially worth, and you need to sit down with a lawyer to discuss them. Good luck.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  2. I believe I answered this question previously -- that is a decision best made with the personal injury attorney you retain to carry this matter forward.

    Good luck!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  3. I agree with my colleagues that you need to seek consultation with an attorney who can assess the facts completely and then decide whether it should be pursued in court. In California, there are two torts, one is called Malicious Prosecution and the other is called Abuse of Process. Usually the tort of Malicious Prosecution applies to the wrongful use of criminal proceedings while the Abuse of Process tort is used for wrongful use of a civil proceeding. Certain criteria have to be satisfied for each and for a decision of which one of these you can use as your cause of action. A person may also have legal remedies that apply to vexatious litigants (those who file too many cases with little or no chance of success). All these can only be properly analyzed by an attorney.

    The above information is educational in nature and is provided as a guideline. It is not given as specific legal advice. Each case is different and you should consult with a licensed attorney for your specific case.

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