How to File a Defamation Complaint and Lawsuit

Libel is an untrue statement made about a person which causes that person to suffer harm. Defamation is a libelous statement put into print. Historically, “print” meant the statement was made in a letter or a newspaper, but today, it can also mean something posted on the internet. Due to the increase of social networking websites, there is much more opportunity for defamation than any other time in history.

In order to prove a defamation case, a person must prove the following:

The statement made was not true
The statement was made to a third party(not just communication between the victim and another person)
The statement caused harm
There were damages to the victim

Making False Statements

If an untrue statement is written about a public figure, then the public figure must also prove there was malicious intent in making the false statement. There is a different standard for public figures because they must expect more statements to be made about them simply based on their public status. The definition of a public figure is something that people argue though. Certainly famous singers, actors, and athletes are public figures, but what about a mayor, or a lesser known professional athlete? That is a factor that a jury may have to decide.

Proving Intent to Harm

To prove malicious intent, a victim must prove that the person making the statement did so with the intention of causing harm to the victim’s reputation. While that can be a difficult fact to prove, there is also a higher standard set though for journalists, or any professional, who should know better than to just print information without checking the validity or truthfulness of the information before putting it in print. Recklessly passing on information without checking its truthfulness will be considered reckless intent.

Can a Lawyer Help?

An experienced personal injury attorney can help you sort through the complications of filing a defamation lawsuit. Every negative communication a person writes is not necessarily defamation. Things written from one person to another are typically not considered defamation because the communication is private and does not involve a third party. Negative things are written about a person, which might in fact be hurtful for the victim to see in print, are not defamation if the facts of the statement are true.

The nuances involved in defamation lawsuits require careful consideration and presentation from a skilled attorney if damages are going to be awarded. If you believe you have been the victim of defamation, consult an a personal injury attorney to see if you have any right to a monetary award, a retraction, or a public apology.

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