QUESTION:
I am looking to bring a civil action lawsuit against 2 people who filed three charges against me, leading to my false arrest and imprisonment. The charges were recently dismissed in my favor. I have evidence that the woman said that she filed false charges against me, and gave conflicting reports to the police and the prosecutor. In addition to that, her husband who was also a plaintiff didn’t show up at all during trial or hearing. What is the statute of limitations for filing a malicious prosecution lawsuit?
ANSWER:
There may be damages liability under abuse of process if one maliciously files a lawsuit for ulterior motives. To file a claim, the plaintiff must show that the malicious lawsuit was terminated in their favor. In addition to damages liabilities, the plaintiff and their lawyer may also be penalized and sanctioned by the court. If the plaintiff for malicious prosecution has been falsely imprisoned as a result of the malicious claim, the plaintiff may recover attorney fees incurred in obtaining release from imprisonment as special damages.
The statute of limitations for most routine personal injury cases if 2 years, but there is a one-year time limit to false imprisonment claims [CCP § 340(c)].
Working with an experienced personal injury attorney would be helpful in ensuring that one’s rights and interests are protected when it involves issues such as these, so get in touch with one as soon as possible.