Lawsuit

Malice, to most people, is a nasty feeling of wanting to hurt another person.  What many people do not know is that if malicious action is taken against one party, the other party has the civil right to bring a lawsuit.  This is called legal malice, or one party’s intent to cause harm to another party.  What is important to note here is that malice is the intention of causing harm.  Criminal offenses of causing actual harm to another party is separate from legal malice.  It is important, also, to determine whether the malice is expressed or implied.  In expressed malice, one party gives an outward indication of the intention to cause harm to another party.  This may include an oral statement or printed statement.  Implied bthen, is the implied intention of harm in a killing or harming of another party.  For example, if there is a car accident between two parties with a negative relationship that kills a person, detectives may assume implied malicious intent.

Assault, battery, and emotional distress may all possess intentions of malice.  In assault, there is malice in the intention of physically hurting another party.  In battery, implied malice may exist in the form of actual physical harm.  If a party can be proved of causing intentional harm to your emotional well being, they may be guilty of legal malice.  All of these instances of malice are susceptible to a civil lawsuit.  The option of filing a civil lawsuit can provide monetary relief. In a civil lawsuit, the victim can sue for wrongful death, property damages, and other losses caused by malice.  So what can you do if you feel victim to malice?

Below are a few steps and tips for filing a lawsuit:

1.  Determine whether or not you have been a victim of malice to the best of your ability.

Doing your research before contacting an attorney can save you a lot of time, money, and stress.  Make sure that you have a case for a lawsuit to the best of your ability.  Did the other party clearly show intention to hurt you?  Were you hurt and now convinced that the other party had malicious intent?  Knowing these things may help you understand where you stand.

2.  Find an attorney that specializes in civil lawsuits.

Use the internet or other means to find an attorney that specializes in civil lawsuits of legal malice.  When consulting with your attorney, do your best to describe your case and situation so that the appropriate action can be taken.  Use this time to determine whether it is worth filing a lawsuit to reimburse possible damages.

3.  File a lawsuit.

Your attorney will help you file a civil lawsuit against the accused party.

4.  Present your case and all relevant evidence and information.

Your goal in this lawsuit is to prove the intention to hurt, not the actual hurt inflicted.  If the judge believes your case, you may be entitled to monetary compensation for damages.

Tips

- Know that intention alone may be enough to win the malice lawsuit.  You may not have to prove actual damages to the judge to prove malice.
- Trespassing and false imprisonment are possible avenues for a malice lawsuit as well.  They may also be considered criminal offenses

Harassment

One can experience harassment of all sorts on a daily basis.  For example, your boss can knowingly and excessively yell at you for something you did not do.  You also may experience sexual harassment by a co-worker.  How much harassment one can take depends on the person, but there are clear steps you can take to file a lawsuit against an excessive amount of harassment.  Every single day, harassment lawsuits are brought before civil court by victims in hopes of receiving some sort of compensation, either emotional or monetary.

Legal harassment is defined as offensive behavior that is threatening or disturbing to another party typically occurring by means of oral statements, physical contact, or favoritism.  At times it may be considered a misdemeanor or even a felony, depending on the criminal record of the accused.  Common examples include sexual harassment, bullying, religious harassment, hazing, and stalking.  Recently, police harassment has been front and center.  When used legally, harassment should be noticeably intentional and tangible.  As harassment may be unintentional and situational (in a totalitarian government, politically challenging comments may be seen as threatening), it is important to know when you can and should file a lawsuit against harassment.  Harassment is by all means, completely situational- one party may see it one way while the other may disagree completely.  In a civil lawsuit, one party must prove to the judge that they have been legally harassed- though the other party will unquestionably deny it.

So how can one file a determine they have been legally harassed and file a lawsuit for compensation?  Here are some steps you can follow to do so:

1.  First determine whether or not you should continue with legal action.

As all times of harassment happen almost on a daily basis, you must determine the severity and frequency of the harassment.  While a lawyer can help you do this, doing research on your own may save you time, money, and unnecessary stress.  If you should decide that you want to file a lawsuit for harassment, continue with the next step.

2.  Find an appropriate lawyer that specializes in harassment.

There are many specialized lawyers that will help you build your case.  Use several sources, including the internet and a phone book to find the right lawyer for you.  Some websites may even offer free consultation from real lawyers to help you with your lawsuit.  When you have found the right lawyer, meet to discuss your case.  Harassment, again, is one of the most subjective civil crimes out there.

3.  File your harassment lawsuit.

Your lawyer will help you file a civil lawsuit against your harasser.  Ensure to bring all pertinent evidence to the table.

4.  Settle in or out of court.

Settling out of court will save you time and money, but you may have to bring your lawsuit to court.  Consult with your lawyer about proper courtroom etiquette and review your case before presenting it to the judge.