A claim for malicious prosecution of a civil claim (lawsuit) is a lawsuit filed by a person or entity who was previously wrongfully sued in a civil lawsuit. The elements of a claim for malicious prosecution vary from state to state, but the plaintiff generally must prove: (1) the institution or continuation of civil proceedings (a lawsuit) against the plaintiff; (2) by or at the insistence of the defendant; (3) malice in the commencement of the proceeding; (4) lack of probable cause for the proceeding; (5) termination of the proceeding in plaintiff's favor; and (6) special damages.

A claim for malicious prosecution of a criminal prosecution or case is similarly a tort claim or cause of action that requires the plaintiff to prove: (1) the initiation or continuation of a criminal prosecution; (2) lack of probable cause for the criminal prosecution; (3) the criminal prosecution was motivated by malice; and (4) the criminal prosecution was terminated by dismissal of the case or charges or a finding of not guilty by the jury or judge.

In Louisiana, a claim for malicious prosecution regarding a civil lawsuit requires the plaintiff to establish several elements. These include the initiation or continuation of a civil proceeding by the defendant, the proceeding being motivated by malice, the lack of probable cause for the proceeding, the termination of the proceeding in the plaintiff's favor, and the plaintiff suffering special damages as a result. Similarly, for a claim of malicious prosecution of a criminal case, the plaintiff must prove the initiation or continuation of a criminal prosecution without probable cause, that it was driven by malice, and that the prosecution ended in a dismissal or a not guilty verdict. It is important to note that Louisiana law may have specific nuances and interpretations by courts that can affect the application of these general principles. Therefore, consulting with an attorney to understand the current state statutes and case law is advisable for anyone considering such a claim in Louisiana.