All You Need To Know About Malicious Prosecution

When a criminal or civil case is filed without sufficient basis or for the wrong purpose, the victim has the right to sue the defendant for malicious prosecution. The law prohibits any individual from abusing the legal process. According to the website of Clawson and Staubes, LLC Injury Group, being wrongfully accused of a crime can bring humiliation and embarrassment to the plaintiff.

In order to succeed with a malicious prosecution case, there are four elements that needs to be proven:

1. The original case was dismissed in the victim’s favor

The victim must prove to the court that the case was dismissed in his favor. If there was a plea deal or the victim pleaded to a lesser charge, a successful malicious prosecution case is unlikely. Likewise, if there was a not guilty verdict, proving malicious prosecution can be difficult.

2. Active involvement

For their case to be successful, the plaintiff must be able to prove that the prosecutor played an active role in the criminal case. For instance, it was the prosecutor who filed the charges, handled the case, and supervised the other attorneys handling the case.

3. Probable cause

The prosecutor must be able to prove that the defendant had probable cause to commit a crime. If they are able to gather enough evidence to support reasonable suspicion for committing a crime or that it was more likely for the defendant to commit the crime, then there is probable cause.

4. Improper Purpose

To prove improper purpose, the plaintiff must be able to show that the prosecution did not make a mistake or gathered information but relied on that wrong information. Pursuing the case despite the lack of probable cause is a good example of improper purpose.

However, the problem with filing a malicious prosecution case is that the prosecutor is immuned from any liability in such types of cases. Such immunity is designed to protect prosecutors and other law enforcers so that they can do their jobs without having to defend themselves from allegations of malicious prosecution.

However, if it can be proven that the prosecutor acted beyond his authority by instigating or pursuing a criminal case, they may be exempted from such immunity.

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An Overview of Wrongful Death Claims

Losing a loved one as a result of somebody else’s negligence can be a devastating experience. And while it cannot replace the life that was lost, filing a wrongful death claim can at least help the surviving family members to recover and get back on their feet again. The Legal Dictionary defines wrongful death as the taking of the life of an individual due to the willful or negligent act of another person or persons.

Wrongful death may arise from medical malpractice, car and motorcycle accidents, criminal behavior, construction accidents, and workplace injuries. A wrongful death claim can be filed independently from criminal charges. According to the Legal Dictionary, “neither proceeding affects nor controls the other.” This is regardless of whether the act was intentional or not.

A wrongful death claim is filed by a representative on behalf of the survivors affected by the death of the deceased. The representative is usually the executor of the decedent’s estate. They are called “real parties in interest” and may vary from one state to another. The representative of the decedent may include the following:

Immediate family members. All states recognize immediate family members such as a spouse, children, and parents of unmarried children as parties that may file a wrongful death claim.

Life partners, financial dependents, and putative spouses. In some states, the domestic or life partner, persons who are financially dependent on the deceased and putative spouses can also recover damages in a wrongful death claim.

Distant family members. Distant family members are allowed by the court to sue for wrongful death. A grandparent who is raising a child can also file a wrongful death case.

Persons who experience financial suffering. If a person is financially dependent on the deceased, they can file a wrongful death claim for lost care or support.

Parents of a dead fetus. In some states, a deceased fetus serves as the basis for a wrongful death suit. In other states, parents cannot file a wrongful death claim for the purpose of recovering financial and emotional losses.

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Joint Managing Conservatorship or Joint Custody, Now the Decision of Many Family Courts

Family courts consider many different factors when making decisions over divorce-related issues, which include child custody and visitation rights, child support, spousal support or alimony, and division of property, assets and debts. Though these factors usually differ from one state to another, there is one similar basis when it comes to determining who shall have custody of the child: the child’s best interest.

Under Texas statute, the overarching standard for Austin and Texas courts in making conservatorship determinations is to ensure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child and to encourage parents to share in the rights and duties of raising a child after they have separated or divorced.`

More than one hundred years ago, child custody was a right enjoyed by fathers; this was due to the Property Law and inheritance issues that were in effect during those times. The early 1900s saw a new direction in how courts decided over child custody cases. Having perceived that mothers were naturally better caretakers of their children, there was, then, the transfer of custodial right to mothers. This perception came to be known as the “The Tender Years Doctrine” and it remained to be observed up to the 1970s.

Since then, neither father nor mother has the sole right to custodianship or conservatorship because so long as the court finds both parents fit to care for their child, then the child will not be denied the love and care of both parents. This is why many courts today are in favor of joint conservatorship and, so, give both parents equal time with their child, as well as equal rights in making decisions for their child’s well-being. Under the joint managing conservatorship ruling, the child may either reside with one parent at a location that is easily accessible to the other parent, or move from one parent’s residence to another.

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Determining Child Custody and Support Payments

On the early Saturday of April 2, police deputies swarmed all over Harris County, Texas to give out arrest warrants to parents who have failed to pay a minimum of $20,000 in child support payments.

According to Constable Alan Rosen, even though law enforcement “executes” all kinds of court orders every day, “it really pulls at our heart strings to see arrest orders showing that defiance of a family court judge means that children are left without proper resources.”

A survey conducted by the National Center for Health Statistics show that around 41% of first marriages usually result in a divorce, with that rate increasing to 60% and 73% for second and third marriages, respectively.

Child support is defined as the financial obligation to support your child as he or she grows up, regardless if he or she lives with you or not, but more so if you are not the parent providing the primary care.

The website of attorneys at the Maynard Law Firm says that it is essentially easier to determine the amount of child support that one parent has to provide the co-parent in a sole custody case as such amount is usually decided upon in court in front of a judge after each parent has presented his or her case and the factors to his or her ability to provide for the child, such as a stable income and the manner of how he or she gets it. In a joint custody case, however, it gets a little trickier.

In a joint custody case, percentage each co-parent contributed to the joint income at the time they were married influences how one parent would pay for child support in the way that the more one parent contributes to the joint income, the more that person has to pay for child support.

Also, the percentage of time each parent actually has physical custody of the children determines the amount of child support that might be owed. That is to say, the parent who is the one living with the children is assumed by the courts to bear most of the child-rearing costs. As such, the parent who lives with the children only 20% of the time will have to pay more in child support than the ex-spouse who spends 80% of their time with the children.

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Spinal Cord Injuries

Spinal cord injuries happen from a severe blow or another form of injury which problems the vertebrae (bones of the back) to the level that pressure is brought by it on or deliver pieces to the spinal cord. The back isn’t ordinarily cut, but partial or complete paralysis can be caused by the injury below the point of damage or impact.

The spinal cord accounts for carrying electrical signals from the mind to the rest of the human anatomy, which dictate senses and voluntary movement. Thus, the signals are partially or absolutely obstructed, depending on the extent of the injury, when the wire is damaged. Unfortunately, there’s no treatment available to fix spinal cord injuries.

According to the website of Habush Habush & Rottier, there are numerous ways one can hurt the spinal cord. However, a big part of cases are due to severe and abrupt traumatic events, like motor vehicle collisions, falls, or assault. Crisis hospital treatment is indicated for any assumed back injury as a prompt consideration that is expert may significantly reduce the degree of the harm.

Symptoms of Spinal Cord Injury

Back accidents may not be instantly clear following a traumatic event. The following are signs of spinal-cord injury that is potential and needs to be closely monitored following an accident:

  • Numbness
  • Incontinence
  • Paralysis
  • Spastic movements
  • Right back pain that is severe
  • Pressure in brain the back or neck
  • Breathing difficulty
  • Reduction of balance
  • Prices related to spinal-cord Injury

Depending on the degree of the harm, a victim may possibly anticipate the very least of $15,000 during a lifetime in health-related prices a year, and above $500,000. This doesn’t comprise the costs of hospital care and emergency medical treatment after an accident, the lack of potential revenue, or the emotional and mental effects of partial or complete paralysis.

In the event you or someone you know has suffered from spinal cord injury due to the disregard or carelessness of a third party, it really is conceivable to seek a settlement.

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