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I am very sorry for your situation. The answer is yes
, you likely can. You may likely sue both the DA and the insurance company (in a combined suit) for what is known as malicious prosecution
he elements of a malicious prosecution action are: (1) a previous prosecution, (2) instigation or procurement thereof by defendant, (3) termination of the prosecution by an acquittal or discharge of plaintiff, (4) want of probable cause, (5) malice in bringing the prosecution on the part of the defendant and (6) damage to plaintiff. Vander Linden v. Crews, Iowa, 231 N.W.2d 904, 905; Liberty Loan Corp. of Des Moines v. Williams, Iowa, 201 N.W.2d 462, 466.
The basis of an action for malicious prosecution consists of the wrongful initiation of an unsuccessful civil or criminal proceeding with malice and without probable cause. Hyde Construction Co., Inc. v. Koehring Company, 387 F.Supp. 702, 713 (S.D.Miss.1974); Liberty Loan Corp. of Des Moines v. Williams, supra, 201 N.W.2d 462, 466; 72 C.J.S. Process § 119, p. 1189.
Malicious prosecution may be used against both the D.A. and the civil party that filed the false/misleading criminal complaint
Furthermore, you may also sue the company as well for defamation
. The law of defamation consists of the twin torts
of libel (written defamation) and slander (verbal defamation). The gist of an action for libel or slander is the publication of written or oral statements which tend to injure a person's reputation and good name. Lara v. Thomas, 512 NW 2d 777 - Iowa: Supreme Court 1994
(quoting Prosser).Punitive damages
may be available under Iowa Code § 668A. 1
if you can show "willful and wanton" actions that have injured you.
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