An Overview of the Legal Process in Defamation Cases

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You might consider suing for defamation if you feel slighted by the words of another, but you’ll need a deeper understanding of defamation and defamation law before heading to court. This guide will help you gain that knowledge by providing more information about defamation, the importance of legal representation in defamation cases, and what the legal process entails.

Defamation basics

Defamation is an offense where someone makes a false statement which injures another party’s reputation. A person’s right to free speech must be balanced with an individual’s right to protect one’s reputation during a defamation case.

Two types of defamation exist: libel and slander. Libel is written or visual defamation of another individual’s or entity’s character. Slander occurs when false verbal statements damage the character of another person or entity. Libel is typically seen as more damaging than slander, as its statements are more permanent, so the compensation for libel is usually greater.

When is legal action warranted?

Legal action may be warranted if the written, visual, or oral statement made by a person or publication satisfies the following criteria:

• The statement has been published or observed by others.
• The communication is false.
• The material is presented as fact, rather than opinion.
• The statement has caused economic or psychological damage to the person written, spoken about, or depicted.
• The material is not privileged, made in a context deserving of protection.

In addition, public figures, including celebrities and politicians, must show people who published defamatory statements against them acted with actual malice, or disregard for the truth. If a case satisfies all these criteria, that case may be worth pursuing. For example, you may pursue legal action if you feel statements, images, or comments made by others have falsely:

• denigrated your professional ethics
• claimed you committed criminal acts
• reported that you have a disease
• claimed you acted in a sexually immoral fashion.

When should I get legal representation?

You should get legal representation if you feel you were defamed or if a defamation case is brought against you.

Personal injury lawyers with experience in defamation cases know the processes to prove a plaintiff has suffered damages due to publication of libel or slander. These lawyers can help collect evidence to prove or disprove that damages were suffered. Attorneys can also decide appropriate compensation for these damages, as they have an invaluable knowledge of evidence rules, legal strategy, and procedures. While some people may be surprised by the cost of legal representation, plaintiffs typically avoid paying upfront costs as their lawyers work on contingency. With this payment arrangement, lawyers will absorb many costs, such as the cost of hiring professional witnesses. Lawyers will only recoup these costs if they win.

The legal process for defamation

After filing a defamation complaint, the case will enter a phase called discovery, where parties exchange information to prepare for a trial. After discovery, in most defamation cases, the parties will settle. This settlement may occur through discussions between both parties and their lawyers, or with a mediator or arbitrator assistance. During this process, the defendant will agree to award damages to the plaintiff or the plaintiff will drop the case.

If a settlement cannot be reached, the defamation case will go to trial. During a trial, the plaintiff and defendant, or their legal representatives, will present their cases. A jury will consider the evidence presented and witness testimonies before giving its verdict.

If you are concerned about statements made about you, or worry about statements you may have said about another person, remember there’s no substitute for the experience of a personal injury attorney.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Source: Avvo