What are the steps for proving defamation of character?

The steps for proving defamation of character will vary slightly depending on the laws in your state, but in general will include these elements:

• Proving that another person made an untrue statement about you either verbally or in writing.
• Proving that the other person intended to cause harm by his or her remarks.
• Proving that the other person did not have permission, express or implied to make their statements.
• Proving that you were caused actual harm.

It is important to understand that while defamation of character lawsuits are extremely difficult to win, they are impossible to win if it turns out that the statements the other person made are true or that the statements made by the other person were only their opinion, with no included "statement of fact".

The First Amendment protects Freedom of Speech, which includes even unpleasant opinions. You need to be able to objectively evaluate the statements to determine if they were only expressing an opinion or expressing a false fact. An example would be:

• "I would never buy another car from that dealer, I think he is dishonest." vs. "I would never buy another car from that dealer because he turns back the odometer on every car that has over 100,000 miles."

The first statement is clearly an opinion, while the second statement purports to state a fact about how the car dealer changes the mileage reading on cars before selling them.

If you bring an action for defamation of character, you are responsible for proving your case. In the example, if you were the car dealer you would have to prove that:

• You never tamper with odometer readings by providing documentation about the cars on your lot.
• The other person knew they were lying, and wanted to cause you harm.
• Your reputation and your business suffered because of these lies, by providing financial statements before and after the false statements were made. You will also have to prove that there could have been no other cause for the harm your business suffered, which will be difficult.

Get Legal Help

Sometimes the best thing to do is nothing at all, because the additional negative publicity could be worse than the original incident. However, you should consult with an attorney who can advise you of the strength of your case and what hurdles you will have to clear if you decide to pursue a defamation of character lawsuit.