Defamation can cause serious damage to your reputation. If you can prove that you have suffered actual harm, such as lost income or loss of business opportunities, you may be entitled to recover damages for your losses.
For a claim of defamation to succeed, it must be proven that the defendant published false statements about you to a third party. Libel claims involve written defatory statements; slander claims involve spoken defatory statements.
Defamation Lawsuits
A defamation lawsuit requires a thorough knowledge of state law and familiarity with litigation strategies. The process of requesting records and taking discovery is complex, and an experienced attorney can help you draft interrogatories (question-and-answer sessions under oath) and depositions.
A private person claiming defamation must prove all the usual elements of the tort, but also that the defendant published with actual malice. This means that the defamer knew that a statement was false or acted with reckless disregard as to whether the statement was true or not.
Public officials and figures face additional hurdles to recover for libel or slander. To succeed, they must show that the false statements were made with actual malice. This is a high standard to meet, especially for journalists who publish defamatory statements as part of their essential civic duties and watchdog role with regard to the government and other interests in society. In these cases, the newspaper may escape liability by proving that it had no reason to believe that the statement was not true at the time of publication.
Defamation Damages
Defamation damages are awarded to compensate the plaintiff for the harm caused by the false statement. Depending on the case, this can include special, actual and general damages. Special damages are tangible, such as the loss of business or payment for therapy sessions, and can be calculated with precision. General damages are harder to assess and can involve things like emotional distress or a diminished quality of life.
In New York, a defamation claim may also seek punitive damages if the defendant acted with actual malice. This is a high standard and requires evidence of hatred, ill will or spite.
Our firm helps private citizens and public figures who have been harmed by defamatory statements. We seek court orders and reputation damages from liable parties, using decades of combined experience. Contact us for more information about how we can help. We represent clients throughout New York City, including Long Island. We also assist victims of cyberbullying and revenge porn.
Defamation Defenses
Many states recognize a number of different defamation defenses. In general, to be defamatory, a false statement must be: 1) published or communicated; 2) about a person or business that is identifiable; 3) with fault amounting to at least negligence. If the claimant can show all four of these elements, he or she may be entitled to damages.
A common defamation defense is that the statement was merely opinion or hyperbole, and not factual. For example, statements that an attorney is a low-class person and a wannabe Johnny Cochran are not actionable because they are opinions and do not contain verifiable facts.
Another common defamation defense is privilege. Privilege is a legal protection that shields a person from liability for making a defamatory statement in certain circumstances. For example, some states provide absolute privilege for material relating to proceedings in parliaments, courts, tribunals or government bodies. Other states have qualified privilege or fair comment privilege. In addition, a defendant can often make the defense that he or she acted with “actual malice,” which is a higher standard than negligent intent.
Defamation Attorney Fees
An experienced New York libel lawyer can provide guidance as you determine the strength of your case. If you decide to file, your attorney can help you identify the liable parties and comply with any state-specific filing requirements.
An attorney can be particularly helpful in the discovery process, which involves questioning the opposing party through interrogatories (written questions that the other party must answer under oath), depositions, and gathering evidence. A reputable defamation lawsuit lawyer can also help you figure out what records you need from the other side and how to best organize them.
Whether it was written or verbal, false statements can damage your reputation and cause financial loss. A libel attorney from Luibrand Law Firm, PLLC, can help you recover damages by identifying the false statement and establishing its falsity. If you have been defamed, contact us to schedule a free consultation.
