Filing a Defamation, Slander, Libel Lawsuit

Personal Injury cases are lawsuits brought by people who have been injured by another’s action or negligence. Libel is considered a personal injury as well because it is an action for causing harm to a person’s reputation. Libel can take place in a written form (known as defamation) or in a spoken form (slander). All of it is considered libel.

Personal Injury Lawsuit for Libel, Defamation, or Slander

You meet with an attorney and determine whether the elements of a libel case have been met, such as:
An untrue statement was made about you to a third party.
There was harm to you, or your reputation as a result of the statement.
There were damages for which you should be compensated.
You sign a contract for an attorney to represent you which spells out how much the attorney will be paid and what s/he will do for your case.
Your attorney drafts a defamation complaint which spells out exactly what relief you are requesting from the Court including money, a retraction of the statement, or an admission of guilt.
The complaint is served (usually personally served) on the party accused of causing the damages.
The Defendant must answer the complaint and offer their defenses.
Usually the attorney will attempt to discuss settlement options with the Defendant. If the Defendant is represented by an attorney, your attorney must speak only to the Defendant’s attorney. Likewise, the Defendant (or the Defendant’s attorney) must speak to your attorney and may not contact you directly.
The injured party (also known as the Plaintiff) will have to provide evidence of the injury and the cause of the injury.
There may be questions asked (interrogatories) which have to be answered in writing and under oath, and there may be depositions (interviews under oath by the opposing attorney). Either party to a lawsuit can send interrogatories or require depositions.
Depositions of experts might also be necessary to collect all the evidence needed for the case.
Sometimes a mediator is used to help the parties reach a settlement before trial.
If no settlement is reached between the parties, a trial is held and testimony is given by the Plaintiff, the Defendant, experts such as experts in your field of employment who can testify to the impact of libel on your career, and witnesses who may have read or heard the libelous statement. A jury decides whether the requirements for libel have been satisfied as well as what the damages are worth. The jury also considers different types of damages for which an injured person might be compensated.

Help from a Lawyer

Filing a lawsuit for libel (defamation or slander) is a complicated legal process. The defenses for a libel case are numerous and an experienced personal injury attorney can best help you assess your chances of success and analyze the consequences and benefits of proceeding with a lawsuit given the specific facts of your case. Damages in a libel lawsuit can be subjective and an experienced attorney can work with you to assure you are fully compensated for all potential losses and to make sure the Defendant is appropriately punished for misrepresenting the truth. Contact a personal injury attorney today for a free consultation to fully understand your rights.

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