If you believe someone has initiated legal proceedings against you for a wrongful purpose, you can file a civil lawsuit to recover compensation for your losses. You have the burden of proving each element of your claim and should be prepared with evidence.
An experienced tort lawyer can provide assistance to help you handle your claim. Many tort lawyers are personal injury lawyers who handle cases involving physical harm. However, abuse of process falls within a category of torts called dignity torts that includes defamation, libel and slander.
The harm is not physical but mental or economic. It is important to work with an attorney who handles these types of complex claims.
Proving Abuse of Process
To prove abuse of process, you must show the defendant acted with a wrongful motivation or improper reason in pursuing legal proceedings and that you were damaged as a result. You also must show that a legal proceeding was actually initiated by the defendant.
It can be challenging to prove a defendant’s intent or wrongful motivation. In some cases, this can be inferred by simply showing the defendant misused proceedings with no valid justification. The wrongful use of the process itself is sufficient.
Plaintiffs can also provide direct proof of an ulterior motive if they can show, for example, that the defendant threatened to drag out a case and cause financial damage if the plaintiff didn’t agree to their preferred outcome.