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