Defamation 101

Defamation is a word that is commonly used by many people, but often misunderstood. It is not unusual to hear the catch phrase “defamation of character” on television, in the movies, and maybe even in passing a group of neighbors at a community center. However, there much more to the word “defamation” than meets the eye. If you break the word apart, it is easy to see that the root word is “defame” and to defame is to charge falsely or to sour the reputation of an individual. Keeping in line with the definition of the word “defame” comes the word “defamation” which simply means to make false statements about a person, that either directly or indirectly causes that individual to suffer harm in some way.

Proving Defamation

If you were to sue a person for defamation, you would need to prove a number of things. Prior to pursuing a lawsuit, you should ask yourself a few questions.

One question should be, does slander (which is defamation by speaking false statements) or libel (which is defamation by writing false statements in a magazine or newspaper) play a part.
Were the false statements about you written and published in a newspaper or magazine by someone other than the person who made the initial false statements?
Also, were the statements so damaging that your reputation and career livelihood cannot be repaired?

If so then you may have a case. Additionally, there is something called “per se” defamation. This occurs when the false statements has attacked the professional standing or character of an individual, has alleged infidelity of a married person, has alleged that a person is carrying a STD (sexually transmitted disease) or has alleged that an individual has committed a crime of moral turpitude.

Proving Defamation Cases

If the defamer can prove any of the above-mentioned with statements of facts in support of the cause of action for defamation in court then your case of defamation may be closed. Unfortunately, defamation cases are considered tough to win, because you (the plaintiff) would need to prove that every element of the false statements are not true. This can be a costly battle, and if it ends in loss, then the case was done in vain. If you can prove that each false statement is completely untrue, then you may have a solid case. Remember that you have to prove that every part of the statement is completely untrue and invalid.

Getting Help

If you have been the victim of defamation, consult with an experienced personal injury attorney who specializes in libel and slander. Your attorney can provide you with detailed information about what you can do to prove your case.

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