Can you sue someone for exploitation

Getting old is hard. Most elders who are abused suffer in silent anxiety. Elder abuse is an expression that is used universally to describe any type of harm or wrongdoing caused upon an elderly individual. Elder abuse and neglect can come in a wide variety of harms, including physical abuse, sexual abuse, financial abuse, and elder neglect.

If you suspect that an elderly loved one is being subject to elder abuse and neglect, you need to immediate report the abuse to an authority and consult a New Jersey elder abuse and neglect attorney to protect their legal rights.

In other words, an action must be brought in the name of a real party in interest. Lawsuits for Malicious Prosecution or Abuse of Process. If someone has wrongfully sued you or prosecuted you for a crime, you may have a valid malicious prosecution or abuse of process claim. Difference between Malicious Prosecution and Abuse of Process While the two claims are similar, malicious prosecution and abuse of process claims have some essential differences.

Essential Elements of Abuse of Process As we mentioned, a plaintiff can sue for abuse of process when a defendant starts a legal process intending to obtain results for which the process was not designed. Essential Elements of Malicious Prosecution A successful malicious prosecution claim usually requires all of the following: the defendant began or continued a criminal or civil legal proceeding without reasonable grounds to believe the basis for it or the allegations made in it the defendant had a purpose other than simply getting a judgment in the proceeding, and the proceeding has terminated in the favor of the person that was being prosecuted or sued i.

Let's look at these elements a little more closely. A Proceeding A criminal proceeding is any process where the government can punish a person for offenses ranging from homicide to a parking ticket. Reasonable Grounds The person bringing the original prosecution or lawsuit must have reasonable grounds also called probable cause , i.

Improper Purpose Typically, if a lack of reasonable grounds is proved, an improper purpose will be assumed. Favorable Termination Finally, the plaintiff in a malicious prosecution suit must have successfully defended against and won the previous illegitimate lawsuit. Make the Most of Your Claim.

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