How to get help if you encounter Character Defamation?
The first steps in a libel or defamation case are crucial if you have been hurt by a defamatory comment. Defamation is misconduct in which one party makes a false assertion of truth that damages another’s credibility. A defamatory statement uttered is referred to as “slander,” while one written or released (or shared online) is referred to as “libel.” Obtaining legal redress for defamation-related damage often entails filing a federal case in court. In this post, we’ll go through some of the critical first steps in contemplating (and launching) a defamation case.
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Step One: Do You Have a Legitimate Defamation Claim?
The first step in launching a defamation lawsuit involves determining whether or not you have a legitimate argument. Perhaps the only way to get a rough answer to this issue is to consider the factors that constitute defamation.
Though particulars differ by jurisdiction, both of the following elements must be present in order to determine the speaker’s (or publisher’s/ poster’s) liability:
- publication to an individual other than the one making the allegation (a third party must have heard it or read it)
- The argument must be false (there would be no slander lawsuit if what was said/posted/published was real, no matter how humiliating or damaging it was).
- The argument must be presented as true (rather than as an opinion)
- The argument must be defamatory to the individual being defamed (the “plaintiff”), and it cannot be protected by any right that would exclude the speaker/poster/publisher from liability.
If You’re a Public Figure. In general, public figures and state employees would meet a greater standard of evidence in order to prove that they were defamed. As a consequence, whether you are a public figure—say, a municipal politician—you would almost definitely need to show that the complainant made the argument either believing it was false or in utter disregard about whether or not it was true.
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Step 2: Determining Damage in a Defamation Case
In a defamation lawsuit, there are typically three categories of possible damages:
- actual damages
- assumed responsibility, and
- exemplary losses
Actual damages are observable, compensable injuries sustained by the complainant in relation to his or her land, company, trade, career, or occupation, including any costs incurred as a result of the defamatory claims. In a defamation case, lost revenue is an example of real damages.
Assumed damages are such that the court believes the complainant sustained and are often ordered where real damages cannot be determined. The number of assumed damages can be as little as one dollar.
Punitive damages are intended to compensate the complainant for especially bad behaviour and are rarely awarded in defamation lawsuits.
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Step 3: Collect Defamation Evidence
If you plan to sue, collect all possible facts relating to the defamatory allegation and its effect on you, including proof that the complainant made the statement and the damages you have caused.
If the defamatory comment was posted publicly, make a copy of all emails or blogs that are not under your jurisdiction (in case what was posted gets taken down). Compile a list of witnesses who can attest to hearing or reading the defamatory allegation, or who can attest to how it influenced you. It may be advisable to delay collecting written notes from witnesses that they may be “discoverable” by the complainant, which means you may be forced to sign them over until the case is filed.
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Step 4: Consult with an Attorney
Defamation litigation can entail complicated legal problems, so if you’re considering filing one, you should consult with a lawyer who specialises in these types of cases.
Lawyers who represent victims in defamation litigation typically practise on a contingency fee basis. This means that if you obtain a favourable verdict or settlement, the attorney will collect a share of the net recovery. The average percentage is 33%, but the percentage may vary based on where the case is settled. For eg, the attorney charges 25% if the case is resolved before a claim is brought, 33% if the case is resolved a certain number of months before trial, and 40% if a trial is required.
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Step 5: Filing the Lawsuit to the Court
Once you’ve hired an advocate, you’ll collaborate to devise the right plan. While an early settlement is still probable, going to court is always required. That is, your lawyers will draught and file a “complaint for slander” or otherwise named document to initiate a case, and the defendant will be “charged” with the lawsuit and a warrant to testify in court (this “appearance” means filing an answer to your complaint). Find out what to expect if you file a defamation case.