406.12 Malicious Prosecution Damages

406.12 Malicious Prosecution Damages If you find for (defendant), you will not consider the matter of damages. But, if you find for (claimant), you should award (claimant) an amount of money that the greater weight of the evidence shows will fairly and adequately compensate (claimant) for such [loss] [injury] [or] [damage] as the greater weight of the evidence shows was caused by the [institution] [continuation] of the proceeding complained of. If you find for (claimant), you shall consider the following elements of damage: [Proceed to Section 500 for applicable elements of damage, other appropriate damage instructions and instructions on punitive damages, if applicable. In addition to the elements listed in Section 500, the following is a proper element of damage in an action for malicious prosecution:] The reasonable expenses, including lawyers' fees, necessarily incurred by (claimant) in the proceeding complained of.