Defamation includes both slander and libel and may be a criminal or civil charge. It encompasses both written and verbal statements. Generally, slander occurs when the reputation or good name is damaged as a result of a false statement(s) that is spoken out loud, this may include gossip. Conversely, libel, occurs when false statements regarding another are put in writing, such as in a magazine, a blog, or internet.
In order to win a defamation lawsuit, the hurt party must prove that the accuser made a false and defamatory statement about the plaintiff that was communicated to a third party, such as an email to the third party. The victim in this case would have to prove this communication was either intentional or negligent. An example would be showing repeated transmissions of the alleged defamatory statement(s).
Before filing a libel or slander lawsuit, the plaintiff must first determine whether or not the objectionable statement is true. Regardless of how damaging, shameful, insensitive, rude or inappropriate a statement may be, the injured party in this case will lose if the defamation statement is true. Furthermore, the victim in this type of suit may have to show the defendant knew the false statements were false or at least acted with reckless disregard as to its truthfulness.
A final step may include having the plaintiff prove harm in order to recover on a defamation suit. For example, the victim may need to demonstrate a loss of business in order to establish a right to the recovery of money and to further pursue compensation for the pain and suffering.
The law office of Morici, Figlioli and Associates (MFA), helps injured and suffering individuals recover much-needed funds from personal injury lawsuits. The MFA team of attorneys specializes in personal injury claims and they work hard to protect the rights of individuals and seek just compensation for its victims. MFA has obtained substantial settlements and favorable jury verdicts for clients relating to animal attack victims, workplace injuries, construction site injuries, railroad and aviation injuries, defective products, security negligence, faulty design products, and transportation injury, such as trucking accidents, automobile accidents, workplace negligence, and many other injury claims.
Contact our office at Morici, Figlioli and Associates (MFA), to arrange a FREE initial consultation. We are available by phone during our regular business hours from Monday through Friday from 9am to 5pm CST, or email us 24/7 and receive a prompt response. Please feel free to call our office at (312) 372-9600.