Your reputation is probably one of the things that you hold dearly. It is a big part of your personality. Once someone tampers with this through defamation, it could cause emotional harm to you. When a person utters hurtful words verbally, it is termed as slander, while libel refers to a written hurtful statement against you.
Researchers report that among all cases filed every year, 80% of them are defamation cases. While most states handle the two forms under defamation, other countries deal with each type separately. Defamation cases are high in public figures such as celebrities and politicians. We will enlighten you on what the law says about defamation and how you can handle the situation.
What does the law consider as defamation?
The statement exists in a publication
Unlike what we know, a published statement does not only have to appear in a book or a newspaper. The law also considers defamatory statements said via the media as libel. It could be through the television, radio or social media like Facebook. As long as the information passes to a broad audience, the law considers it defamation.
The defamatory statement is false
Legally, truthful information is not defamation. You should show how the incorrect information has tainted your image. If the person against you gave an opinion, the law considers it as subjective and not defamation.
The defamatory statement caused harm
Defamatory statements can affect a person tremendously. For instance, you may have lost your job or suffered emotional stress from it. It could change the way people think of you and shun away from your friends. If any of these are happening, you have a strong case for a lawsuit. In a situation where a person already had a bad image before the defamation, they cannot sue for damages.
How should you handle defamation?
Remain calm
Avoid acting on impulse when you are emotional against a defamatory statement. Walk away from them and take time to relax. It will prevent you from acting irrational which can lead to further legal implications. Once you are calm enough, think about how you want to handle the case by looking at the possible alternatives. Consider the cost of a lawsuit and evaluate if you can settle the case outside the court.
Analyze what was the person said
Words written to ruin your reputation have a high chance of winning the case than verbal words. Libel can be published in a newspaper or a magazine. A libel case is easy to prove since there is visible evidence that you can present in court. Something that is written causes more injury since it is not easy to erase it and anyone can access it easily
Get witnesses
For slander, you need to get witnesses who can testify on your behalf. You will have valid reasons based on a third party being present when the defendant made the slanderous statements. They might have taken a video recording if the event happened in public. Get their contacts and keep in touch with them.
Hire a civil litigation attorney
Discuss your defamation case with a personal injury lawyer or one dealing with civil litigation. Give them all the information so that they don't get surprises in court due to useful information you left out. Provide any documents, recordings as well as emails.
You can also printout screen shorts of social media conversations or produce letters that the defendant signed that are relevant to the case. Give them a statement to show that the information was false to build a strong case.
Prove special damages
You need to calculate special damages for instance, how much earnings you have lost from losing your job. Pain and suffering, as well as humiliation and disgrace, are also forms of special damages. Your personal injury attorney can help you with determining special damages.
Get in touch with the publisher
Let the publisher know that the defamatory statement is false. The publisher can do some research regarding your claims and offer you retraction. The publisher can minimize some of the damages.
Consider a mediator
Before forwarding the matter to court, you can look for a third party to intervene between you and the defendant. Both parties can contribute towards hiring the mediator and try to find common ground. This tactic can cost you less than forwarding the case to the court. If you don't get a solution form the mediation, you can proceed with the lawsuit.
Fill the details in the defamation complaint
As you sue the defendant, you can pick up the defamation complaint from the civil court and fill out the details. This form also exists online. Get details of the defendant and give a summary of what happened. Don't forget to write the damages you need to be compensated. Retain a defendant complaint copy.
Consult a legal funding company
Defamation cases take time, and with a loss of job, you may need quick cash. Greenleafcapital.com can help you fulfill family expenses as you wait for compensation. It can save you from eviction and help you handle car payments as well as deal with emergencies.
Look for a reputation management expert
A reputation management expert can help you erase the defamatory content from social media or publications. You can get such an expert online who specializes in developing new information regarding you. They can take measures to regulate your online image such as requesting the sites involved in posting the content to stop. Such an expert can also help you with your case in court by documenting all the online defamatory material as evidence.
Final thoughts
Even though we have freedom of speech, slandering another person's name is unacceptable. We should, however, distinguish defamation from negative comments. Not all negative statements are defamation. The thin line is what determines if you can sue someone for their speech or not. It takes time to recover from a bad reputation. Therefore, respecting others and staying away from gossip and ill talks can help us reduce defamation cases.
