Can I Sue the Person Accusing Me?

Facing a criminal charge is always difficult. If, however, you have been wrongfully accused, the situation can reach nightmarish proportions. The fact is that, under these circumstances, you may have legal recourse, and it could include suing the person who falsely accused you. The legalities of doing so, however, are challenging, and you’ll need professional legal guidance in your corner. Discuss your concerns with an experienced Nashville criminal defense attorney at Andrew C. Beasley, PLLC, today.

Wrongful Accusations Are Not as Uncommon as You May Think

If you’ve been wrongfully accused by someone who hasn’t made an honest mistake, it may strike you as shocking. In truth, however, it’s more common than you may realize. Some of the primary motivations behind wrongful accusations include the following:

• For revenge or spite, such as by a disgruntled spouse, partner, or family member
• For greater leverage in a legal dispute, such as false accusations of domestic violence or child abuse in relation to a hotly contested child custody case
• For financial or material gain, such as in relation to a civil lawsuit, like a divorce
• To avoid legal responsibility, such as by deflecting blame toward someone else
• As a result of a serious mental health concern
• As a means of seeking attention or sympathy, which can signal a personality disorder

Your Lawsuit

Generally, cases against those who make false accusations are defamation cases. These break down into liable cases when the damaging accusation is in writing and slander cases when the damaging accusation is vocalized. Such charges relate to false accusations that harmed your reputation, but malicious prosecution can apply if baseless criminal charges were brought against you. Malicious prosecution not only harms the victim personally but is also an abuse of the legal system.

It’s important to note here that the statute of limitations for defamation suits is quite brief. There is only a 6-month time limit for slander cases and a 1-year time limit for libel cases.

The Necessary Elements of Your Defamation Case against a Wrongful Accuser

In order to successfully sue someone who has falsely accused you, there are several elements that must be present, including:

• The accusation against you was false.
• The person who falsely accused you shared the information with a third party.
• The person who falsely accused you did so negligently or with malice, which means they acted recklessly or knew the accusation was false to begin with.
• You suffered legal damages as a result, which can include negative financial, reputational, or emotional consequences.

Call an Experienced Nashville Criminal Defense Lawyer Today

Andrew Beasley at Andrew C. Beasley, PLLC, is a savvy Nashville criminal defense attorney who will spare no effort when it comes to protecting you from a wrongful accusation or baseless charge. Recovering on your losses and holding the perpetrator accountable are worthy pursuits, so please don’t put off reaching out by contacting us online or calling us at 615-846-9889 for more information today.