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