When a false statement is made by one person against another individual, harming that person’s reputation, credibility, or standing, it is referred to as defaming their character.
Defamation of Character refers to false statements that damage an individual’s reputation, whether spoken as slander or written as libel. When such a statement is communicated to a third party, it must be proven that it caused harm to the person’s personal or professional standing.
A top-tier defamation attorney with Friedman Injury Law will determine the validity of your defamation claim against the other party, keeping in mind that a defamatory statement must be an assertive fact and not an opinion. Opinions are not a legal basis to pursue these cases.
What Is Defamation of Character?
For an attorney to pursue a defamation lawsuit, there are key elements that must be present and proven.
- A false statement: A defamatory statement in these cases must be factually false. If the statement is, in fact, true, it cannot be considered defamatory. Truth is the absolute defense against a defamation claim.
- Publication: The statement must have been communicated to at least one third party, another person other than the individual being defamed. It can be verbal, written, or electronic communication.
- Harm: The victim must have suffered demonstrable harm to their reputation, whether emotional suffering, financial loss professional setback, diminished social standing.
- Malice/negligence: Depending on the circumstances, the injury attorney must show that there was malice or negligent actions. Malice would apply if the party responsible knew the statement was false or acted with reckless disregard for the truth. This standard is especially relevant when public figures are involved.
Nevada law emphasizes that a false statement must expose the victim to public contempt or ridicule to be actionable. Understanding the state’s statutes is essential to pursue a defamation lawsuit. Visit – What Is Defamation of Character? the Legal Definition – to learn the legal definition behind defamation of character.
Steps To Follow When Pursuing a Defamation of Character Lawsuit
The legal process for filing a defamation lawsuit is involved and can be complex. It’s important to start by consulting with a qualified and quality legal professional skilled with defamation cases.
1. Consult with a defamation attorney
An experienced attorney can help assess your claim circumstances and evaluate the strength of your case. The lawyer will guide you through the legal processes and strive for the best outcome.
2. Collect evidence
Relevant evidence that supports the defamation claim will need to be collected to build a solid case. This includes:
- Documentation: Whether recorded or written, save copies of false statements, such as emails, printed articles, social network posts, and on.
- Witnesses: Identify anyone able to corroborate your claims. If someone saw or heard the statements, their testimony can strengthen your case.
- Proof of damages: Gather as much evidence as possible to support the damage you’ve incurred from the statement. This can include medical records showing emotional distress, financial records, or loved ones’ testimonies about the effects on your reputation.
3. Demand letter
In cases involving Defamation of Character, your lawyer may recommend sending a demand letter before proceeding with a lawsuit. This letter typically outlines the claim, identifies the false statements made, and requests that those statements be retracted or that you receive compensation for the resulting damages.
Sometimes demand letters are successful in resolving the issue without the need for litigation.
4. The lawsuit
If there’s no response or an unfavorable response to the letter of demand, the attorney can move forward with filing the lawsuit. That involves preparing and submitting the necessary legal documents to the appropriate court. Read here for a breakdown of defamation law.
5. Discovery
Once the attorney files the lawsuit, the discovery process begins, and each party can exchange information and evidence related to the claim. Discovery can involve:
- Interrogatories: Written questions that each party must respond to under oath.
- Depositions: The parties involved and witnesses to the incident provide sworn statements.
- Production requests: Evidence related to the case, such as documents are requested.
6. Trial preparation
When cases are not settled during the discovery phase, they then progress to trial. The attorney will prepare the case, which involves collecting additional evidence, formulating legal arguments, and preparing the witness’ testimony.
7. The trial
Each party will present their arguments to a jury or judge at trial. The court will determine if defamation occurred and what damages to aware the victim. The outcome of the lawsuit can vary based on a few variables, including the evidence strength and witness credibility. Potential outcomes:
- Monetary damages: If the judgment is in your favor, you may receive compensation for harm, such as lost income, reputational harm, and emotional distress.
- Injunction: An injunction may be issued by the court requiring that the party responsible retract the false statement or refrain from making further defamatory statements.
- Dismissal: The lawsuit may be dismissed if the court finds there is insufficient evidence to support the claim, and no compensation will be given.
As the injured party in a defamation lawsuit, it’s important to be prepared for the defenses that can negate the claim. Some include the following.
- Truth: If the responsible party can prove that the statement is true, truth is a complete defense against a defamation claim.
- Opinion: Statements that are purely opinions and in no way an assertion of fact are generally not actionable. For instance, indicating that they believe this person is untrustworthy is protected as an opinion.
- Privilege: Certain statements made in specific contexts may be protected by privilege, including those made during legislative debates or judicial proceedings
- Lack of publication: The claim may be negated if the party responsible can prove that the statement was not communicated to a third party.
Keep in mind that Nevada statute of limitations for filing a defamation lawsuit is two years from the date of the defamatory statement. It’s crucial to act timely to avoid losing your right to pursue compensation.
An experienced attorney specializing in Defamation of Character is committed to providing personalized legal assistance tailored to your specific needs and objectives. Their goal is to ensure justice is served by helping you restore your reputation and pursue rightful compensation for the damages caused.
