Personal Injury: Defamation of Character
“Sticks and stones may break my bones but words may never hurt me.” If only the old childhood rhyme were true. The fact is, we are given one name to go through life with. When that name is maligned it may affect our job, our standing in the community and even how people interact with us on a day-to-day basis. We work hard to establish a good reputation for ourselves and it can all be taken away in a moment through someone else’s careless use of language.
Defamation Definition: Defamation occurs when a person’s character, livelihood and/or reputation is injured as a result of false statements made by someone else. When defamation occurs through written or fixed mediums it is called libel. When defamation occurs through spoken or non-fixed mediums it is called slander. In today’s modern world, the effects of libel and slander can be devastating as the rate in which information spreads across the country and even the world continues to increase as technology becomes more advanced. If you have been defamed and it has affected your livelihood or impugned your reputation you may want to consult a personal injury lawyer with experience handling defamation claims to determine what course of action you should take to recover your damages.
To pursue legal action for a defamation of character claim, you must prove that the person who made false statements about you did so with an intent to harm, did so with knowledge that the claims were false or did so with careless disregard for the truth of the information they shared about you (see Understanding Personal Injury Lawsuits). Often times this involves careful examination of facts, laws and effects of the defamation on your reputation that are best handled by a personal injury lawyer. Damages may be awarded for emotional suffering and/or any financial losses that resulted from the libel or slander that defamed you. You may even be entitled to punitive damages in some cases. A personal injury lawyer should be able to help you determine what damages you are entitled to recover (see Types of Damages).
Sometimes, defamation is so harmful and the personal injury sustained is clearly devastating to a person’s reputation that it is considered defamation per se. Defamation per se statements are so ruinous that the plaintiff does not have to prove that the statements harmed them; the harm is presumed. Classic examples of defamation per se are when a person is alleged to have committed a criminal offense, engaged in sexual misconduct or been infected with a sexually transmitted disease. While these harms are presumed, the defendant may challenge them. Therefore, it is important to seek legal advice if you are planning on pursuing a personal injury claim of defamation.
It is important to be aware that laws regardings defamation of character are different in every state. Therefore, it is important to seek the counsel of a personal injury lawyer from your state, who is familiar with your state’s laws and has experience with defamation claims in your state.
Defamation claims can be difficult to win. Given the complex nature of defamation claims, many personal injuries lawyers will not work on a contingency fee (see Understanding Attorney Fees). Often times, the amount of money won in defamation claims is insignificant to cover the costs of litigation. Therefore, it is important that you consider the extent of the actual damages caused by the defamation and the likelihood of recovering those damages before pursuing a personal injury claim of defamation.
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