Settlement Options For Defamation

In order to entertain settlement options in a defamation case, a plaintiff must first construct viable legal claims of defamation against a given defendant. Defamation, otherwise broken down into libel and slander, consists of a tort claim made by a plaintiff for certain defaming actions and statements. In most cases, any settlement option in a defamation tort case will only arise in light of relatively strong legal claims of defamation, which most likely will result in an unfavorable outcome for the defendant should the case proceed to trial. Furthermore, a settlement offer from a defendant is not guaranteed in any tort action, and in turn, plaintiffs should be prepared potentially to go to trial over their defamation claims.

Proving Defamation Occurred

It should be noted that defamation laws will vary from state to state, but in most cases, certain elements are uniform across all fifty states. To prove defamation, a plaintiff must prove the following elements:

A defaming statement must be published. Published is a general term that can include statements verbal, written, illustrated, or gestured in nature, however, most successful claims rely of defamation as the result of libel, or written statements. Furthermore, the term “published” requires a plaintiff to prove that another party has seen the defaming statement.

Next, a plaintiff must prove that an alleged defaming statement is categorically false in nature. For example, statements that are damaging to one’s reputation or otherwise, but are grounded in trust (however misleading it may be in certain cases) do not constitute grounds for defamation. A plaintiff is legally obligated to prove a statement as false. This means that many opinions and other critical statements most likely do not fall under the category of defamation.

Should a plaintiff prove a defaming statement was published and false, he or she must next prove that the defaming statement was injurious in nature. Or, in essence, the plaintiff must demonstrate damages or injuries they sustained as the result of defamation, both in an economic and non-economic sense.

A final legal element a plaintiff must prove is that the defaming statement was unprivileged in nature, or not protected against defamation. The circumstances surrounding this element are highly case-specific and most likely will require legal counsel’s review to determine if this is the case.

Getting Legal Help with Defamation Settlements

The ability to recover damages in a defamation settlement depends on the extent of viable pecuniary and non-pecuniary damages suffered by a plaintiff. Furthermore, the relative strength of case is essential to any favorable settlement offer. For most private citizens, protections against defamation are widely available, and in most cases, do not need to require proving malice. However, defamation, libel, and slander are complicated areas of law only determined on a case-specific basis. This will require a potential victim of defamation to consult with a lawyer to learn more about their legal rights.

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