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Malicious Prosecution Claims in Georgia

Facing a lawsuit is a heavy burden, financially and emotionally, no matter the circumstances of the claim or claims made against you. But imagine defending yourself in a case with no valid basis in the law, or brought for a frivolous, vindictive, or otherwise improper reason. If you have been subjected to a baseless legal claim in a civil or criminal proceeding, you may have a valid case for malicious prosecution, thus turning the tables on the persona or business that wrongfully accused you.

Factors Necessary to Make a Claim for Malicious Prosecution

Under Georgia law, malicious prosecution is a claim you can make if you are the victim of a baseless civil lawsuit or criminal case. There are generally four factors necessary to bring a successful claim for malicious prosecution:

  1. The other person or organization began or continued a criminal or civil legal proceeding against you,
  2. Without reasonable grounds or probable cause to believe the allegations of the proceeding,
  3. With a purpose other than simply getting a judgment in the proceeding, and
  4. The proceeding has terminated in your favor.

The fourth factor is a bit confusing, but basically means you—the future plaintiff alleging malicious prosecution—must first win the lawsuit or criminal case brought against you. (If you did not win, it is difficult to assert the claim or charge against you was frivolous.) Another consideration when it comes to malicious prosecution is that the prosecution or plaintiff may believe he or she has a valid reason to file suit initially, but discover the case cannot be won after it is already begun. If the suing party continues the case anyway for improper reasons, he or she may also be liable for malicious prosecution.

Recoverable Damages in a Malicious Prosecution Case

The goal of the Georgia law allowing for malicious prosecution claims is to prevent and address abuse of the legal process. When a malicious prosecution claim is successful, you may recover payment for damages suffered as the result of the legal proceeding forced upon you. Depending on whether the case was criminal or civil, these damages may cover any time spent in jail, the cost of defending the charges, missed work, lost business opportunities, and damage to your reputation in the community.

Contact the Legal Team at KWFDM about Malicious Prosecution

If you believe a civil lawsuit or criminal prosecution was brought against you or a loved one for improper reasons, and not because you committed a wrong or violated the law, please contact the Georgia attorneys at Katz Wright Fleming Dodson & Mildenhall, LLC in Atlanta. We take justice seriously, and do everything we can to uphold the integrity of the legal system. Our attorneys can be reached at 404-460-0101.

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I was in a head-on collision last year that put me in a wheelchair with a fractured femur. I needed an attorney and my cousin recommended this firm because he had used Briant Mildenhall for his accident. I was glad I called Briant because he always did what he said he would do and kept me informed. We settled with the insurance company and I'm happy with the result. If someone I know needs an attorney, I will tell them to call Briant because he will get the job done. Michael G.
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After a head–on collision I had extremely serious injuries to my back and neck, and some internal injuries. I was airlifted to the hospital and started a huge amount of medical expenses accumulating. I hired a lawyer recommended by a friend but I was not satisfied. My cousin told me about this firm so I talked to Briant Mildenhall about handling the case. I was at ease from the get–go. Briant kept me informed all the way through, was always reassuring and did everything he said he would do. He helped us get the money we needed to get the treatment we needed. Briant was fantastic! Ronda W. (Car Accident)
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I was in a car accident that was complicated from the start. I looked on the internet and called a few different lawyers but they turned me down after they heard my story. When I called this firm Lyn Dodson asked me to talk to her in person. I met with Lyn and Rob Katz and after hearing my story they were confident I had a case. They vigorously pursued my case and over time we built a trusting relationship. Lyn even took time to help me with the traffic issues and other aspects of the case. They were always on my side and talked to me about the advantages and disadvantages of my options... Robert W. (Car Accident)
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After my car accident, I was looking for an attorney and came across the name Katz Wright Fleming Dodson & Mildenhall LLC. My intuition told me to call. I called in and Briant Mildenhall talked to me. He was very clear and honest about my options. As the case went forward, Briant and the staff at the law office always answered my questions right away. I was very confident in Briant's legal ability. He kept me informed every step of the way. I would recommend Mr. Mildenhall and the firm to anyone who needs an attorney. Antonio J. (Car Accident)
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I would recommend the law firm of Katz Wright Fleming Dodson & Mildenhall LLC. Lyn Dodson was my attorney after my auto accident. I had confidence in her legal abilities and experience. She did a very good job for me. She was always there to answer the many questions I asked. The firm is very professional. Lyn always gave you her undivided attention. The firm, especially Lyn, worked with you like a long time friend. Joe B. (Auto Accident)
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I am 100% satisfied. I called Rob the day after the accident. Everything he said that would happen did, every step of the way. He went beyond what we needed him to do. I would definitely use him again and recommend him to anyone who needs a lawyer. Steve H.
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Robert Katz isn't your average personal injury lawyer. He has specialized knowledge and experience that the others don't. Timothy W. (Trucking Accident)
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I have nothing but good and positive things to say about Rob. One of the unique things about my case was that I was involved in a bicycle accident with another biker. He took an unorthodox case between two bicycle riders and he could see the logic and liability in it. I was very happy with the result. Rodney H. (Bicycle Accident)
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We just loved him to death. He acted like he cared about us, not just our case. He kept us posted on everything. He even called us on Sundays to update us. My case involved a rear-end collision where I had herniated disks and I had had a prior back injury. Complicated as it was, we were very happy with the outcome. Kathy H. (Car accident)
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Throughout the course of my case, Mr. Katz kept me informed about its status, returned my telephone calls and was very attentive to my needs and concerns. Simply put, he cared not just about my case, but about me. Joseph B.
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I was, and still am, extremely satisfied with Rob's work and with the outcome of my case. Rob strives to be there for his clients, and I was no exception...I would happily recommend Rob to anyone who is seeking legal assistance after suffering a severe injury. Joey E.
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