Written by attorney Jon Ethan Lewis

Alabama Personal Injury - Malicious Prosecution

What is malicious Prosecution? It comes in many forms, but typically, it is the wrongful use of legal process. What does that mean? Well, let's say someone swears out a criminal warrant against you with no cause, or what if a store has you arrested for shoplifting with no cause? Those are examples of using the criminal system for their own gain.

What do you have to prove in a malicious prosecution case? In order to succeed in malicious prosecution action, you must prove that a prior judicial proceeding was instigated by the other person without probable cause and with malice. You must also show that the prior proceeding ended in your favor. Finally, you must prove that you were damaged by the malicious prosecution. The damage could be time in jail, embarrassment, emotional distress, etc.

We have seen this type of claim work in practical terms. A client was visiting his wife in the hospital with his daughter. The guard at the hospital would not let him take his daughter back to the room because they only allowed one person back at a time. Our client tried to explain that he was just going to show his daugher where her mother was, and the guard wouldn't let him. Consequently, he told the guard, "You are acting like a real a-hole." The guard got mad, escorted our client out of the hospital, called the Birmingham police and had him arrested. Our client was found not guilty, and we made a claim against the hospital and settled it for $25,000.00.

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