What is Defamation Law?
Defamation can have significant consequences for individuals and their reputations. First Amendment protections apply to many kinds of speech, and legal protections afforded by the United States Constitution are extremely important. However, one also has no unlimited right to say whatever they want at any time.
People generally have some protection from false things being said about them that can harm their reputations and cause damage to them. The extent of these protections depends on the facts and circumstances of their situation. Defamation law prohibits people from saying or writing certain things while still trying to balance and consider an individual’s right to free speech.
If you have been the victim of defamatory statements, you may want to clear your name and obtain financial compensation for the harm someone caused you. It is possible to file a lawsuit for defamation, although you may be facing a complex legal battle before you can get paid a settlement or jury award. If you believe you have been the victim of defamation, you need to contact a defamation lawyer today to learn more about your legal rights. They can provide guidance and representation throughout the legal process.
What Is Defamation?
Defamation is when someone makes a false statement that harms your reputation. For something to be defamatory, what someone says must not be accurate. Sometimes, people are careless about what they say or act with a specific intent to harm you. Either way, they may be liable for the harm that they have caused, assuming that you can meet the standard of proof in a lawsuit.
Two types of cases fall under the umbrella of defamation:
- Libel is when someone publishes a false statement in writing. It can be a newspaper article or a social media post.
- Slander is when a statement is spoken word to a third party, but it is not in writing.
Not every statement rises to the level of defamation. For example, you may not have been hurt by someone else’s words; if a person called you “a jerk” to a third party, it may not be clear how these words caused you harm.
In general, there are two types of defamatory statements:
-
- Defamation per se is a damaging statement, and there is no question that your reputation is hurt because of it. For example, someone may have alleged that you committed a crime or have an infectious disease. These statements often involve situations where someone questions your integrity or claims that you committed an act of moral turpitude. Here, you will not need to prove that there was an actual injury.
- Defamation per quod is when it is not immediately apparent that a particular statement injured the plaintiff’s reputation. You will need to prove from the specific facts of your situation that your reputation was damaged from what someone else said or wrote about you. Here, you must demonstrate that you suffered a financial loss from the statement.
In either case, an experienced defamation lawyer can use the facts to prove that you have suffered harm and quantify the extent of your injuries. They can assess the circumstances of your case, determine the strength of your claim or defense, and guide you through the legal steps necessary to protect your interests. No matter what defamatory statement the defendant has made, what they have done can cause you grievous damages. Their statements can harm you personally, cost you friends, and even ruin your business and career.
The Elements of a Defamation Case
- Someone made a false statement and passed it off as fact
- The person made the statement to a third person (or in a public forum)
- The defendant had some level of fault that was at least negligent
- You suffered damages (either actual economic losses or harm to your reputation)
You must prove every single element to win your case. Like any civil lawsuit, you must demonstrate your case by a preponderance of the evidence, meaning the facts you allege are more likely than not to be true.
The Legal Standard for Defamation May Vary
If you are a public figure in any way, you may have an uphill battle when you file a defamation lawsuit. The policy interest in the law wants to protect speech whenever possible, but it recognizes that you have less protection when you enter the public realm.
In New York Times v. Sullivan, the United States Supreme Court announced the legal standard for public figures cases. Here, you must prove much more than just that someone made a false statement involving you. To win these cases, you need evidence that the defendant acted with actual malice. You must show that the defendant had either full knowledge that the statement was false or with a reckless disregard for the truth. In other words, you must prove there was either intent or a complete lack of regard for the truth.
Nonetheless, defamation victims have won significant judgments in many recent cases. For example, two Georgia election workers won a $148 million verdict against former New York City mayor Rudy Giuliani based on his statements in the wake of the 2020 election. Actor Johnny Depp also won a substantial verdict against his ex-wife Amber Heard when she made false statements alleging abuse in their marriage.
Although you may have to meet a higher standard, it is possible to win a defamation case when you are a public figure. You can still win when you show that the defendant was aware of facts that will make their statements false, and they simply did not care about the truth. Do not assume any outcome to your case just because of who you are or your job. Always contact an experienced defamation lawyer to learn whether you may have a potential legal case. If so, they will protect your rights and present your case in a persuasive and compelling manner.
Evidence in a Defamation Case
The level of evidence you need in a defamation case depends on the type of case that you have filed. You may use the following types of proof in your defamation lawsuit:
- Witnesses who heard or saw the defamatory statement can testify about what the defendant may have known when they made the statement
- Documents, such as emails or posts, show what the defendant may have known when they made the statement or their state of mind
- Direct or circumstantial evidence that can show that the statement made was false
- Expert witnesses who can quantify and describe the harm that you suffered as a result of the defamatory statement
Defenses to a Defamation Case
If the defendant chooses to fight your case in court, they can use several defenses, including:
- The statement they made was not false. If the defendant made an accurate statement of fact about you, it is not defamatory—they merely repeated the truth, and they did nothing wrong.
- The defendant had your consent to make the statements.
- The defendant was merely making a statement of opinion instead of fact (this defense can negate a showing of actual malice in cases involving defamation).
- The statute of limitations has passed for you to file a lawsuit (each state has laws about how long you may have to file a lawsuit for a defamatory statement).
- The defendant had the absolute privilege to make the statement based on the context or location.
- The defendant may not have had an absolute privilege to make the statement, but they had a qualified one that is conditional based on the situation.
Your Damages in a Defamation Case
You may have a legal right to substantial financial compensation if you win a defamation lawsuit, and the defendant must pay you for all of the harm that you have suffered. You must know how much your case is worth before you file a lawsuit. The damages to you can be far more than you think, especially if there is a negative impact on your ability to earn a living. Your defamation lawsuit may be worth a lot of money to reflect the damages you suffered because of someone else’s statement.
Your defamation damages include your actual economic losses from the false statement that someone made about you. For example, you may have lost earnings because the statement harmed your professional career. You may get paid for past and future earnings losses from the defamation. In addition, you may have incurred medical expenses because you suffered emotional or physical harm from the defamation, and the defendant must compensate you for them.
Defamation damages can also include the non-economic harm that you have sustained. Any defamatory statement can cause you a considerable amount of anguish. Thus, you can receive compensation for any trauma or emotional distress that you have suffered. You can also get paid for things such as the loss of enjoyment of your life and the humiliation you endured.
Dealing with defamation claims can be emotionally draining and time-consuming. Your lawyer will handle the communications, negotiations, and legal proceedings on your behalf, allowing you to focus on other aspects of your life. With their guidance, you can avoid costly mistakes and ensure they represent your interests.
Punitive Damages in a Defamation Case
Punitive damages may make an award substantial in a defamation case. If the jury members find that the defendant intended to harm you, they may get furious and seek to teach the defendant a lesson. In some cases, the punitive damages can significantly outweigh the compensatory damages in your case. Of course, these verdicts are always subject to appeal, but even the prospect of heavy punitive damages can bring any defendant to the negotiating table for a settlement agreement. Some defendants may hold their position and may not feel as if they did anything wrong, so your attorney will need to build your case through the discovery process and try it in court. Your attorney will gather the necessary evidence to help prove that the defendant violated the law and caused you harm.
Why You Need a Defamation Attorney for Your Case
The defendant may also know the stakes. In many cases, defamation lawsuits are “bet the firm cases” for defendants because your damages are so high that it can put them out of business. In a complicated case, they may be trying to use the First Amendment to shield themselves.
Many things are going on at once in a defamation case. When someone else makes a false statement that causes you harm, you must hire a defamation attorney as soon as possible.
First, they can act quickly to stop continuing wrongful conduct on the defendant’s part. Second, filing a defamation lawsuit can be the first step to clearing your name. The general public will see that you are serious about defending yourself and that the story has two sides.
A defamation attorney can act quickly to take legal action on your behalf. They will estimate the value of your damages to know how much you should seek compensation for. Then, they will file a lawsuit in court. The defendant may elect to attempt to settle your case. In that event, your attorney will negotiate for financial compensation and a retraction of the offending statement. You may even get a formal and public apology for damaging your reputation.
Hire A Skilled Defamation Lawyer In Your Area
Handling a defamation lawsuit requires experience in defamation law and a solid understanding of the legal process. By seeking the help of a knowledgeable lawyer, you can protect your reputation, assert your rights, and handle defamation law with confidence. Do not go it alone; let Lopez Law Group be your advocate and guide throughout the legal process.