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Christy Bieber, J.D.
Christy Bieber, J.D.Contributor
Christy Bieber is a personal finance and legal writer with more than a decade of experience. She earned her JD from UCLA School of Law and was an adjunct professor at the start of her career, teaching paralegal studies and related courses. In addition to writing for the web, she has also designed educational courses and written textbooks focused on a variety of legal subjects.
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Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. After earning a law degree from the University of Arizona, he clerked for two years for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court. He previously was an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
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Table of Contents
- What Is a Defamation Lawsuit?
- Types of Defamation Lawsuits
- How Long Do You Have to File a Defamation Lawsuit?
- What Do You Have to Prove in a Defamation Lawsuit?
- Defamation Defenses
- Compensation for Defamation
- Frequently Asked Questions (FAQs)
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If you are harmed by a false statement of fact, you could potentially bring a defamation lawsuit to recover compensation. A defamation lawsuit is a civil lawsuit that would allow you to obtain monetary damages for your losses.
This guide to defamation lawsuits will help you understand what types of claims you can make, what evidence you must present, and what compensation could be available to you.
What Is a Defamation Lawsuit?
Defamation refers to a false statement presented as fact and made to a third party. The false statement must cause some type of actual damage. If it does, the victim of this falsity can pursue a defamation lawsuit in civil court to obtain monetary compensation for lost economic opportunities, medical bills (such as for therapy), or pain and suffering.
In a defamation lawsuit, a plaintiff has the burden of proving the elements of the offense. A defendant can avoid liability by raising various defenses including truth or opinion.
Defamation cases can be hard to prove successfully, especially for public figures. If you suspect you may have a defamation claim, it’s best to speak with an experienced attorney who has successfully handled defamation cases in the past.
Types of Defamation Lawsuits
There are actually two types of claims you could make in a defamation lawsuit. You could allege the defendant committed libel or committed slander. While the elements of both are similar, the key difference relates to how the false statement was made.
Libel
If a false statement is made in written form, it is considered libel. Both print and digital communication can be classified as libel, as can written statements and pictures.
Any false statements printed in books or newspapers, or made on websites, blogs or social media pages, could potentially give rise to a libel claim.
Slander
Slander refers to spoken defamation. If a false statement of fact is made orally rather than in written form, it is considered slander.
However, there has become some confusion over the distinction between written and oral statements due to advancing technology. Podcasts and text messages, for example, could potentially be seen as similar to phone calls and therefore false statements would be considered slander. However, some argue they are more like written material in which case the false statements would be considered libel.
For most plaintiffs, this distinction won’t matter a lot because the damages for both types of claims are similar. However, it can be easier to prove a libel claim because the publication of the false statement can help demonstrate an injury occurred.
How Long Do You Have to File a Defamation Lawsuit?
You have limited time to file a defamation lawsuit. There are statutes of limitation in every state that require you to act within a certain timeframe to pursue a civil case.
In most locations, you have between one and three years to file a defamation claim. However, you should check your jurisdiction to confirm the time frame where you live.
In defamation cases, the statute of limitations typically begins running on the day the defamatory words are first spoken or written. A “single publication” rule generally applies, which specifies that the time limit for a claim does not start over if the defamatory information is repeated or republished later. The first time the statement was made is usually what matters.
There is, however, a discovery exception. If you do not discover the defamatory statement for a period of time, most states will allow you to file a defamation lawsuit within a certain number of years from the time you first become aware (or should have first become aware) that the false information was shared.
What Do You Have to Prove in a Defamation Lawsuit?
In order to be successful in a defamation lawsuit, you must prove:
- The defendant made a false statement of fact. It must be objectively untrue and it must be presented as a fact rather than as an opinion.
- The statement was communicated to a third party. This could have occurred in written form, in which case the plaintiff would file a libel case. Or it could have occurred orally, in which case it would be slander.
- The defendant was at fault. If the defamed victim is a private figure, the plaintiff must prove the defendant was negligent in determining whether the statement was true or false. If the defamed figure was a public figure, the plaintiff must prove actual malice. This means showing the defendant intentionally made a false statement or acted with gross recklessness in determining the truth.
- The statement was not privileged. Some types of communication are privileged, or protected, so no defamation claims can arise from them. This includes statements made in judicial proceedings or statements made between spouses.
- The plaintiff sustained damage. This could include reputational harm or future lost professional opportunities.
It can sometimes be difficult to present compelling evidence to win a defamation case — especially for public figures because a higher standard of fault must apply for a defendant to be considered liable for defamation.
Defamation Per Se
Some statements inherently cause reputational damage just by the nature of their words and meaning. When these false statements are made, the content of them is sufficient to show that the defendant caused harm. We refer to these as defamation per se.
Some examples of the types of false statements that could be considered defamation per se include:
- Accusations that a punishable crime was committed
- Claims the plaintiff has a communicable infectious disease
- Allegations of sexual misconduct
- Allegations of unlawful or improper professional behavior
- Allegations of adultery
Defamation Per Quod
There are also some statements that would not necessarily be defamation just based on their content, but that can become defamatory as a result of well-known extrinsic facts.
For example, falsely claiming someone was drinking alcohol wouldn’t automatically be defamatory under normal circ*mstances. But if the false accusation was made against a well-known religious figure who preached about the dangers of alcohol, it could be considered defamatory.
In these circ*mstances, the plaintiff would need to provide additional extrinsic evidence to provide context for why the statement was defamatory.
Defamation Defenses
There are a number of possible defenses to defamation claims. Two of the most common defenses are truth and opinion.
If the defendant shows the statement is true, then defamation cannot possibly have occurred because a false statement is required. Likewise, if the defendant showed the statement was an opinion and was not presented as a fact, it is also not possible for the plaintiff to win a defamation claim.
Compensation for Defamation
Victims of defamation who successfully prove their case can receive compensation for:
- Loss of earnings that they have already experienced due to the reputational damage
- Loss of future earning capacity if their ongoing ability to make money was affected by the defamatory statement
- Loss of business and economic opportunities
- Pain and suffering
- Medical expenses if treatment was required (for example, if the victim sought therapy to deal with the emotional ramifications of the defamation
Frequently Asked Questions (FAQs)
What is defamation?
Defamation occurs when a person makes a false statement of fact that harms a victim. The defendant must have been negligent in determining the truth of the statement (in the case of a private figure) or exhibited actual malice in determining the truth (in the case of a public figure)
Does defamation have a time limit?
There is a time limit for making a defamation claim. State rules vary, but defamation victims usually have between one and three years from the time the defamatory statement was originally made to file a defamation lawsuit. Under the “single publication” rule, reprinting or restatement of the defamatory claim typically does not reset the clock.
Is it hard to win a defamation case?
It can be difficult to win a defamation case because it can sometimes be hard to prove a false statement caused actual damages. Public figures may also face added challenges proving actual malice, as they must show the defendant intentionally published a false statement or was grossly negligent in determining the truth of the statement.
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Hello, legal aficionados! I'm here to dive into the intricacies of defamation lawsuits, armed with a wealth of knowledge in personal finance and legal matters. Now, let's break down the key concepts discussed in this article.
Firstly, a defamation lawsuit involves seeking monetary compensation for harm caused by a false statement presented as fact to a third party. The article emphasizes the importance of proving certain elements to succeed in such a case.
1. Defamation Types:
- Libel: False statements made in written form, including print, digital communication, websites, blogs, or social media.
- Slander: Spoken defamation, where false statements are made orally. Technology advancements, like podcasts and text messages, blur the lines between libel and slander.
2. Time Limit to File a Lawsuit:
- Statutes of limitations vary by state, typically ranging from one to three years.
- The "single publication" rule applies, meaning the clock starts when the defamatory words are first spoken or written. Discovering the statement later may extend the time frame.
3. Elements to Prove:
- False Statement of Fact: Objectively untrue and presented as a fact, not an opinion.
- Communication to a Third Party: Whether written (libel) or oral (slander).
- Defendant's Fault: Negligence for private figures, actual malice for public figures.
- Lack of Privilege: Certain communications are privileged and immune from defamation claims.
- Damages: Proof of harm, including reputational damage or lost professional opportunities.
4. Defamation Per Se and Per Quod:
- Per Se: Statements causing harm by their nature, like accusations of a punishable crime or allegations of sexual misconduct.
- Per Quod: Statements requiring additional context or extrinsic evidence to establish defamation.
5. Defamation Defenses:
- Truth: A potent defense, as a true statement cannot be defamatory.
- Opinion: If the statement is presented as an opinion rather than a fact, it may not lead to defamation.
6. Compensation for Defamation:
- Loss of Earnings: Past and future earnings affected by reputational damage.
- Business and Economic Loss: Compensation for lost opportunities.
- Pain and Suffering: Damages for emotional distress.
- Medical Expenses: Coverage for treatment, such as therapy, resulting from the defamation.
7. FAQs:
- Definition of Defamation: False statement of fact causing harm, with varying standards for private and public figures.
- Time Limit: Typically one to three years, with state-specific variations.
- Difficulty in Winning: Challenges in proving actual damages, especially for public figures demonstrating actual malice.
There you have it—a comprehensive breakdown of defamation lawsuits. If you ever find yourself entangled in such legal complexities, seeking advice from an experienced attorney is paramount. Legal nuances are tricky, but armed with this knowledge, you're better equipped to navigate the legal landscape.
