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 Florida, a claim for malicious prosecution, whether it pertains to a civil or criminal matter, is recognized as a way to seek redress for wrongful litigation. For a civil claim, the plaintiff must establish that a prior civil lawsuit was initiated or continued against them without probable cause and with malice, and that the lawsuit ended in their favor, typically through a dismissal or judgment. Additionally, the plaintiff must show that they suffered special damages as a result of the wrongful suit. In the context of a criminal prosecution, the plaintiff must prove that the criminal charges were pursued without probable cause, with malice, and that the prosecution ended in a manner indicative of their innocence, such as a dismissal or acquittal. Florida law requires strict adherence to these elements to maintain a malicious prosecution claim, and the burden of proof lies with the plaintiff to demonstrate each element clearly and convincingly.