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Can this be deemed a lawsuit for personal injury

New York, NY |

if someone falsely accuses you of something that you have audio proof is NOT true and you had to run around looking for a lawyer to help you and your anxiety and heart problem worsened can you sue for personal injury for them putting you through unnecessary anguish?

the complaint was said to be "criminal" for harassment and threats but no police were called so its just in civil court.

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Attorney answers 5

Best Answer

You may be able to bring an action against the original complainant for Malicious Prosecution, but the proceeding that was initiated against you must first be terminated in your favor. Based upon the facts you have provided, personal injury would not be the appropriate lawsuit, nor would infliction of emotional distress.

For further information, you can contact a New York lawyer, whether myself or one of my colleagues. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Also, please be sure to read my disclaimer below. Good luck to you.

Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
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Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.


If by "falsely accuses" you mean made a complaint to the police that would be a very hard case because a private citizen is generally immune from a civil suit for making a complaint to the police.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.



he complaint was said to be "criminal" for harassment and threats but no police were called and they tried to use this to evict


You may have a cause of action in malicious prosecution.


Malicious prosecution is the claim.

Only 29% Contingency Fee! Phone: 215-510-6755


NO The damages in a claim for libel or slander are solely economic. In New York, under most circumstances, a claim for emotional injuries can not be made without an accompanying physical injury.

This communication does not create an attorney/client relationship. My firm is a second generation family firm successfully handling personal injruy and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" 516 466-7900

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