What type lawyer do we need to sue someone for false allegations which led to criminal charges that were finally dropped?

Father acused by neighbor of molesting his own daughter. After investigation charges dropped. All this was done cause neighbor was angry at defendant. Daughter said entire time father did not molest her.

Asked on July 26, 2012 under Personal Injury, Georgia

Answers:

Robert Slim / Robert C. Slim - Attorney at Law

Answered 8 years ago | Contributor

Any civil attorney will do.  I practice personal injury law and have handled these types of cases before.  Since this involves an accusation of criminal conduct, this would be considered defamation "per se." This means you do not have to prove actual damages.  Damages are presumed under the law.  Additionally, since this involved a criminal prosecution, it would also be considered a case of "malicious prosecution."

If the neighbor who made the accusations owns a home, then he may have homeowners insurance.  The homeowners coverage might provide a means to collect a monetary settlement or judgment.

If you would like to discuss this further, call me for a free consultation.  I can be reached days, evenings and weekends.

Robert C. Slim, Attorney at Law, (214) 321-8225.

Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

You would need to contact a civil lawyer who can handle a defamation or slander claim.  In order to pursue these types of claims you need to have monetary damages, such as the person who was falsely accused lost employment opportunities or had to hire a criminal attorney to defend themselves against the false charges.  Also, you have to consider whether or not, even if you got a judgement in a court against the accuser, could you actually collect on that judgement.  Meaning, does the Father who made the accusations have the ability to actually pay on a judgement.  


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