Malicious Prosecution

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)

“340.  Within one year

(c) An action for libel, slander, false imprisonment,…”

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.

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