After filing charges Sept 2013, she went back to police 1 month later where she said she wanted to drop the investigation against me.My case was dismissed in that the prosecutor spoke with accuser who recanted her story,now claimed sex was consensual,nothing was done against her will and that she wanted to move on with her life.My lawyer,prosecutor and judge agreed case to be dismissed. My lawyer said I can sue her through home owners insurance in small claims(up to $15,000). I feel with all the reasons i want to sue,I was wrongly accused as even she admitted and think i should be able to sue for much more than $15,000.I have all the evidence and with that said, I did want outside opinions please.It also cost 5 months of being unemployed where I was hired at the time of incident.
I agree with Attorney Tackett, laws vary from state to state so you should consult someone on in your state. The other problem is if you win, can you collect? I doubt her homeowners would cover her except to defend her as it appears from your post this was an intentional act on her part.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
More information is needed to properly evaluate. You should schedule a sit-down appointment with your lawyer to discuss in full. You can also get a second opinion from a local Lakewood lawyer. has a lawyer finder tool to locate an attorney close to your home. Good luck.
In a defamation of character case, you only have one year to file a complaint against a private individual. Based on the facts that you present, you may be able to file malicious prosecution and abuse of process claims in addition to defamation. Your ability to bring an action may depend on how the criminal complaint against you was dismissed. Your criminal attorney may have told you that you are limited to $15,000.00 because the accuser may not have assets to pay you in the event you obtain a verdict. However, as one attorney has already mentioned, an insurance company is likely to disclaim coverage due to your allegations that her acts against you were intentional in nature. I recommend that you consult with an experienced attorney as soon as possible to evaluate your claims.
Good luck.
Fred Shahrooz-Scampato
