Defamation Lawsuit Guide
A defamation suit allows you to get compensation if your reputation is damaged due to defamation. This type of the legal claim enables you to recover monetary payment for damages caused when someone made a false statement about you orally, not in writing. (Defamation Lawsuit Guide)
This guide will explain a defamation lawsuit, what you need to prove to make a claim, and what types of compensation may be available to you if you make a successful case.
What is a defamation suit?
A defamation suit is a suit that you can file after someone has defamed you.
Defamation occurs when someone makes the false statement of fact to a third party and damages you. Defamation is a tort, meaning it is a civil wrong, so you can file a lawsuit to receive monetary damages from the person who committed it.
There are two types of defamation: libel & slander. The difference between the two is how the false statement is made. If someone makes a false statement orally rather than in writing, you can file a defamation suit to recover compensation for economic loss, pain and suffering, and medical bills.
Libel vs. defamation
Traditionally the distinction between libel and slander was clear. Any written false statement can give rise to defamation claims, and any claim made orally will only give rise to a slander claim.
Technology has erased some distinctions, and the courts have had to answer whether false statements made over digital and recorded speech would amount to slander or defamation.
For example, a statement made in a podcast may be considered an oral statement, in which case a defamation claim made in this format would be considered slander. Or the podcast may be considered a recording of a written statement, which may mean a defamation claim is more appropriate.
While courts are divided into some of these questions, statements that are widely distributed and permanently protected are more likely to be viewed as libel, while statements made to a small audience that is transitory are considered defamation. More likely to be seen as (Defamation Lawsuit Guide)
What do you have to prove in the defamation case?
To win a defamation suit, you have the burden of proving the following:
- that the defendant made a false statement of fact to at least one other person
- that the defendant was either negligent in determining the truth of the statement (if you are a private person) or acted with complete malice (if you are a public person)
The statement was not privileged (meaning protected by law, such as statements made between husband and wife or during judicial proceedings)
You experienced loss as a result of the false statement of fact
Private personalities have not chased fame and infamy, so information about them is not a matter of public interest. As a result, you can easily win a defamation suit as a private individual.
You only have to show that the defendant was negligent in determining whether the statement was true. If a reasonable person had been more careful about assessing the truth, the defendant could have been liable for damages.
In defamation cases involving public figures, the “absolute malice” standard can make it difficult to win a defamation lawsuit.
Under this legal rule, you must show the defendant that he knew the statement was inaccurate or acted recklessly to the truth to win your case. (Defamation Lawsuit Guide)
Slander per
In most defamation cases, you must show that the false statement harmed your reputation.
However, some statements are so harmful that you can prove harm only by showing the defendant made a false claim. This is called defamation per se. Per se means that the statement speaks for itself. Merely showing that it was spoken is sufficient.
Some common examples of statements that would be classified as defamation include the following:
- Saying you committed a crime
- Saying you committed adultery or sexual misconduct
- Saying you’ve engaged in professional misconduct
- If you show that the defendant falsely spoke these words about you to a third party, this may be enough to win your defamation suit.
- Examples of defamation
Some examples of slander include:
- Someone is making a harmful lie about your professional ethics to a current or potential employer in person or over the phone
- someone coming to a town hall meeting or block party, standing up and falsely claiming you committed a crime
- Someone is telling members of your church that you are cheating on your spouse with an underage partner
In each of these instances, a statement has been made orally that affects your reputation and damages you. (Defamation Lawsuit Guide)
Defamation defense
There are two primary defenses to slander that defendants can raise to avoid liability in a slander lawsuit. They include:
Truth: You cannot win a defamation case if the defendant shows his statement was true. Truth is a perfect defense against slander.
Opinion: If a defendant shows that the statement was not a fact but an opinion, you cannot recover compensation for damages.
For example, if you are a cook and a customer falsely tells others at your restaurant that you served terrible food, that is a false claim of fact that could give rise to a claim of defamation.
But if someone tells other patrons at your restaurant that they believe your food was in bad taste, that’s an opinion, and you can’t successfully sue for defamation. (Defamation Lawsuit Guide)
Compensation for defamation
If you prove you were defamed, you can get compensation for your damages in a defamation lawsuit. This may include payment for the following:
- Loss of earnings and any reduction in future earnings that result from damage to your reputation
- Lost business and economic opportunities due to reputational damage
- Pain and suffering arising out of false claims and consequential consequences
- medical expenses if you have sought medical or other treatment as a result of the defamation
How Long Do You Have to File a Defamation Lawsuit?
You must file a defamation suit within the time period allowed for defamation claims. In most states, you must file your slander lawsuit within one to three years from when the slander first occurred or within one to three years from when you first discovered or intended to discover the slander.
An experienced defamation attorney can help you determine whether you were defamed and whether you should file a defamation lawsuit. If you pursue a case, your lawyer can help you gather the evidence you need to recover compensation. (Defamation Lawsuit Guide)
Frequently Asked Questions (FAQs)
Is it worth suing for defamation?
Suing for slander may be worthwhile if you prove that a defendant lied about you and caused you harm.
If you can make your case, a defamation lawsuit allows you to recover compensation for damages you’ve experienced, including lost business opportunities, pain and suffering, and medical expenses. (Defamation Lawsuit Guide)
Is it difficult to win a defamation case?
Winning a defamation lawsuit can be difficult because you have to prove that you were harmed by the statement you made. Injury can be more challenging to prove than a defamation claim, which is the type of lawsuit you would file if you were slandered in writing.
This is because, in the case of libel, the writing acts as proof of damages, but in the case of defamation, there is no writing. (Defamation Lawsuit Guide)
What qualifies as defamation?
Defamation refers to the false statement of fact made verbally to at least one-third party. To win a defamation lawsuit, you must show that a defendant was negligent in determining the truth of a statement and that you were harmed.
You must show that the defendant acted with actual malice, meaning that the defendant knowingly made a false statement or was unreasonably negligent in determining whether the statement was true. If you’re a public figure, you should act more than just casually.