Malicious Prosecution case, Should I involve a lawyer or go in on my own?

Asked over 2 years ago - New York, NY

I have a guy who continued his 15 year vendetta with my father with me when my dad died. In the last 5 years he has sued and appealed over 20 times and lost them all. The lawsuits are so ridiculas the judges have freaked out and threw the cases out of court immediately. examples include smoke from my dads cigarette smoking in 2007 caused him $70 000 in damages to his neighbouring property, appeals are as ridiculas as the judge could not accurately read the time or the clock used was wrong (an appeal when he was late) all the cases are more ridiculas than the previous one. To me it should be an easy case but am I missing something?

The man in question is rich, do you think it would be better to ask for a smaller amount so as to not involve a lawyer? Or retain a lawyer and ask for more?

Attorney answers (4)

  1. Craig A. Post

    Contributor Level 17


    Lawyers agree

    Answered . I agree with Mr. Palumbo, it's going to be difficult to find an attorney to represent you in such a matter. Even in the event the other party has substantial assets, you'll likely encounter some difficulty. At best, an attorney would likely charge you on an hourly basis as opposed to contingency fee. Please keep in mind the short statute of limitations in malicious prosecution actions

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  2. Michael J Palumbo


    Contributor Level 19


    Lawyers agree

    Answered . No lawyer would take this case because there is no insurance company involved. So you have no choice but to represent yourself

  3. Eric Edward Rothstein

    Contributor Level 20


    Lawyers agree

    Answered . It is always better to have a lawyer but I doubt a lawyer would take this case unless you paid on an hourly basis.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  4. Jeffrey Ira Schwimmer

    Contributor Level 19


    Lawyers agree

    Answered . With due and humble deference to my learned colleagues, and while it is true that whether or not there is insurance is often a significant factor in deciding whether to pursue a claim, it is not the final or sole deciding factor. (what you mean by the other gentleman being "rich" might need more details as well). Your examples seem to indicate "maicious" prosecution, but are short on details sufficient to make an educated decision as to whether there is enough to support a suit for Malicious prosecution. I don't think you should be hesitant to consult with attorneys to see if one is willing to take on your claim, presuming you give more facts to justify the same. As Mr. Post notes, there is a short statute of limitations period, one year, for the commencement of a malicious prosecution case (typically starting to run from the dismissal of the underlying frivolous action), so you need to act quickly. Frankly, I am of the opinion that the average layperson is not equipped to properly prosecute such cases. Good luck.

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