Can I Take Someone to Court for False Accusations?

Libel is when someone writes false statements about another person, usually on the internet, in newspapers, magazines, and other platforms. On the other hand, slander is when the person makes these statements orally through a speech, on the radio, on podcasts, or even during casual conversations.

The key difference between these two forms of defamation is that libel is usually written while slander is spoken. Either way, you may be able to sue the individual for defamation. However, these cases will require a unique approach depending on whether you intend to sue for libel or slander.

An experienced defamation attorney can help determine the best approach to such a case.

Not every statement made by one party against the other amounts to defamation. For this reason, courts require each case to satisfy the following four elements to qualify as defamation.

First, the plaintiff must establish that the defendant made a false statement about them even though they knew or should have known that the statement was false.

Secondly, the plaintiff must prove that they were the target of the defamatory statements. In other words, they cannot sue for defamation if they are not the identified target or based on the assumption that they are the intended target.

Thirdly, the plaintiff must demonstrate that the statement was published or said to at least one party who was not the target. For example, suppose the statement was published in a newspaper and addressed to the public. In that case, it could qualify as defamation if it meets the other two elements of a defamation claim discussed above.

Lastly, as the plaintiff, you must show that the defendant’s defamatory statement damaged your reputation in one way or another. In other words, you must demonstrate how the defendant’s defamatory statement affected you or your loved ones. This evidence will form the basis for filing a lawsuit and calculating the settlement you may be entitled to if the court rules that the other party is liable.

If you are a victim of false accusations, you can take specific steps to increase your chances of obtaining a favorable outcome when you file a lawsuit against the defendant. Here are the steps to follow:

Document Your Claim

It is important to document every detail of the claim. A well-documented claim should answer the following questions:

• What are the exact statements communicated by the defendant?
• When did the defendant make the defamatory remarks about you or your loved one?
• How did the defendant communicate the defamatory statements? Did they write them down or express them orally?
• Where did the defendant communicate the defamatory statements about you or your loved one?
• Who did the defamatory statement target? Was it you or your loved one?

Document the Damages

Next, you will need to document how the defamatory statements affected you or your loved ones. For example, if you needed counseling or therapy due to the mental stress caused by the slanderous remarks, you should document that aspect.

The same applies if you lost your job, an important business deal, or anything along those lines. Again, make sure you have them written down.

Did the defamatory remarks prevent you from hanging out in public as you used to? Did you fall into depression due to the defendant’s remarks? If so, document everything.

Gather Evidence

Next, you will need to collect evidence of how the defamatory remarks affected your life. For example, have you been taking medication to manage your anxiety or depression caused by the defendant’s defamatory remarks? If so, document the medicines you have been taking and the costs involved. The same applies if you suffer any side effects from taking these medications.

The bottom line is that you should think of every possible way the defendant’s remarks changed your life. Then, obtain proof of these changes if possible.

Contact an Attorney

Lastly, contact a Morgan and Morgan defamation attorney for a free case evaluation. Our attorney will review the specifics of your case and advise you on how to proceed. Keep in mind that you do not necessarily need mountains of evidence before contacting an attorney. As long as you have a valid claim, our attorneys can help you build a strong case against the other party.

There is a thin line between what counts as defamation and what is considered opinion. Generally, the court considers the context and totality of circumstances surrounding the statements made by the defendant. Although you cannot sue someone for their opinion, we have handled numerous cases where people’s opinions have crossed the line into defamation.

Therefore, contacting an experienced attorney for a case evaluation is the best way to determine whether the other party’s opinion amounts to defamation. If the so-called opinion crosses the line into defamation territory, you may be able to sue the other party.

Another thing you need to know is that when evaluating whether a statement is an opinion, the facts of the statement will come into play. Here is an example of such a situation.

John has a proven history of theft. He has even been jailed several times for this crime. So if someone breaks into the safe at John’s workplace and steals cash, you may not be liable for defamation if you suggest that John might have stolen the money.

Now let’s look at it the other way. Suppose John has no history of theft and has never been convicted of such a crime. Then, if someone breaks into the safe at the workplace and steals cash, you may be liable for defamation if you suggest that John is the suspect and he ends up losing his job. This is especially true if you do not have evidence proving that John stole the cash or if the available evidence is too weak to even link him to the theft.

The bottom line is that having an opinion does not protect a person from a defamation lawsuit. However, these cases are usually very complex. They even confuse some inexperienced attorneys. For this reason, it is important to have your case reviewed by experienced defamation attorneys before filing a lawsuit against the other party.

Yes, you can file a defamation lawsuit for statements made on social media or elsewhere on the internet. In the age of modern technology, courts consider social media and the internet in general as any other platform for communication. It is, in fact, the major platform of communication worldwide. Therefore, written statements, photos, audio files, or even videos uploaded on social media may be used against a defendant in a defamation lawsuit.

Morgan and Morgan defamation lawyers can help you recover damages in a defamation lawsuit. The exact damages you may be able to recover will depend on the unique circumstances of your cases. Generally, plaintiffs can recover three types of damages, as discussed below.

Special Damages

Also known as economic damages, these damages are meant to restore the plaintiff to the condition they would have been in had the defamation incident never happened. As the name suggests, these damages focus on the economic losses you incurred due to the defamation. As a result, you may be able to obtain compensation for the following:

• Loss of income
• Loss of earning capacity
• Loss of business opportunities or customers if you run a business
• Out-of-pocket expenses to cover the costs of therapy, moving into a new location, relocating schools, etc

General Damages

Also known as non-economic damages, these cover non-quantifiable damages. Although these damages may exist, they do not usually have a dollar value. Therefore, the attorney representing you will evaluate each general damage and put a dollar value on them based on the unique circumstances of your case. Examples of general damages in a defamation case include:

• Pain and suffering
• Depression
• Anxiety
• Mental distress
• Public humiliation
• Shame
• Loss of enjoyment of life

However, it is important to note that some states do not allow plaintiffs to recover general damages. Other states only allow general damages in libel lawsuits but not slander. Depending on the state and the unique circumstances of your case, your attorney will let you know the kind of damages you may be able to recover when you contact them for a case evaluation.

As mentioned earlier, not all cases amount to defamation, even if the other party’s remarks harmed the victim’s reputation. That said, here are some examples of defenses to a defamation lawsuit.

The other party could argue that they were expressing their opinion. And if the court determines that their statements were more of an opinion than fact, you might not be able to sue for defamation.

The defense could also claim that whatever they said or wrote was true. In that case, they may be required to prove their claims, and if they do it, the case will not count as defamation.

You cannot sue if you consented to the release of the said statements. So, for example, if you gave an interview and the interviewer quoted what you said, you cannot sue them for defamation.

The defense could also claim that they withdrew their statement. If they can prove it, the court might uphold their defense.

Lastly, the defendant could claim that the statements were made from a position of privilege. There are two forms of privilege in defamation cases: absolute privilege and qualified privilege.

In absolute privilege, the person making the statement is protected regardless of whether or not their statement is true. For example, when someone testifies in court, they have absolute privilege. This privilege encourages people to testify freely. As a result, they cannot be sued for defamation. Instead, it will be up to the judge or jury to decide whether those statements are true.

In qualified privilege, the defendant makes a statement out of openness and transparency, usually referring to a matter of public importance. For example, a news reporter cannot be sued for defamation when reporting a matter of public importance, even if their statements are false. However, they might be sued if they made such statements out of malice.

The statute of limitations for filing a defamation lawsuit varies from state to state. However, in most cases, victims of defamation have up to two years to file a lawsuit against the alleged defamer. For this reason, it is advisable to contact an attorney as soon as possible.

Defamation cases are among the most complex cases under personal injury law. This is because there is usually a very thin line between defamation and facts or opinion. For this reason, you need someone experienced in handling these cases to fight for you.

If that is what you are looking for, Morgan and Morgan defamation lawyers can help. All you need to do is fill out our free case evaluation form to get started.