Falsely accused. Can he file lawsuit against county?
Taken to court by 2 of siblings with false allegations of elder abuse. None of the allegations proven but wasted $180,000.00 of my fathers money he had to live on. He is a paraplegic and needs 24 hour care. Can he file lawsuit against county?
If you can prove that the person filed the charges in retaliation for something or just to hurt you, you might win in small claims court. But that's a real big IF. Just because the charges weren't found to be true does NOT mean you will win in court. We don't penalize people merely for being wrong about abuse and or neglect. The courts and, in fact, society at large would rather people err on the side of caution when it comes to abuse.
Sure, he can. One can always file a lawsuit. The question becomes, "Can he WIN a lawsuit." That's a question for an attorney specializing in same.obviously there was an attorney on your side. What dies he or she say?
That the state couldn't prove charges beyond a reasonable doubt is NOT, by the way, grounds for a suit. In fact, this laygal's opinion, based on legal fees of $180,000 is that being able to prove the state filed frivolous charges is highly unlikely.
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That the state couldn't prove charges beyond a reasonable doubt is NOT, by the way, grounds for a suit. In fact, this laygal's opinion, based on legal fees of $180,000 is that being able to prove the state filed frivolous charges is highly unlikely.