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Lawsuits for Malicious prosecution

New York, NY |

What type of compensation can you sue for in this type of claim. Like what maximum compensation if proven in court.

if their petition stated mid sep is it too late?

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Attorney answers 7


The only maximum is the largest award sustainable by a reviewing court. There are several components to a damages claim; pain & suffering, mental anguish, loss of earnings, loss of reputation, possible punative damages. Ultimately, you can ask for any amount you want. What you are entitled to may be a totally different story. Consult with an attorney as soon as possible as a malicious prosecution cause of action has very short filing times.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.



started in sep is it too late?

Craig A. Post

Craig A. Post


Your time starts to run from the date of the favorable termination of the prosecution so it's impossible for me to say. You must consult with an attorney right away.



you answered me. thanks


Malicious prosecution is a hard claim to prove up. There are no limits or caps on damages in NY.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.


Depends on the facts of the case. Need to show the injury and a connection by means of causation. Speak with an attorney with the details.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


the entitlement to damages is fact specific for each case; with regards to compensatory damages, you are entitled to obtain an award for an amount that is proven by the evidence supporting a claim for physical and/or mental injuries caused by the tortious act, as well as any economical loss proven (ie- lost wages, etc.). Malicious prosecution is also an "intentional tort", which pro forma may allow for punitive damages.


There is no max. Good luck.

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You've received some very good answers by some very fine attorneys.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


There is no maximum. It will depend on the specific facts of your case.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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