Is it Worth Suing for Defamation? - Lowe & Associates (2024)

Defamation is a civil cause of action that creates a great amount of stir when a case is filed. Defamation occurs when a person:

makes a false statement of fact about you or your business;
the statement was published (made to a third party);
the person who made the statement did so negligently, recklessly, or intentionally; and
as a result of the statement, your reputation was damaged.

The question that many clients ask is: “Is it worth it to sue for defamation?” We answer this question and explain defamation below.

Types of Defamation

In California, and many other states, there are two types of defamation:

Libel, and
Slander.

If a statement is made verbally, it is slander. If the defamation is in writing, it is libel.

Defamationper se

Certain types of false statements are so damaging, they are considereddefamationper se. California has a very broad interpretation ofper sedefamation, including anything that is damaging on its face without further explanation.

Many other states limit this to a person falsely accusing you or your business of:

committing a crime,
having a venereal disease;
being unfit for a trade, business, or profession; or
that a person is impotent or unchaste.

Defamationper quod

Under California law, if it is not defamationper se, it is defamationper quod.This is when a statement is not obviously defamatory on its face, but requires proof that the statement is defamatory and subjects you or your business to special damages.

Special damages include, but are not limited to:

lost profits;
loss of business relationships;
interference with contractual relationships;
decreased business traffic; or
adverse employment consequences.

Defamation of Public Figures

Those defined as a “public figure” face a heightened standard of proof over ordinary individuals. According to the U.S. Supreme Court, a public figure must prove that the untrue statement was made against him or her with actual malice.

Although the burden is higher, defamatory statements are made with malice against public figures very often. With theright legal representation, even public figures can overcome this heightened standard of proof and recover for the damages he or she has suffered.

The Anti-SLAPP Statute

One risk of filing a defamation claim relates to the Anti-SLAPP statute under Cal. Civ. Proc. Code 425.16. The statute allows a person to file a special motion to strike a plaintiff’s complaint if the lawsuit is based on an “act in furtherance of [your] right of petition or free speech under the United States or California Constitution in connection with a public issue.”

If a person succeeds in an Anti-SLAPP case, the court will dismiss the plaintiff’s case and award the winner of the lawsuit both attorney’s fees and costs of litigation.

Is it Worth it? Damages in Defamation Cases

The answer is,yes, it is worth it. When a true case of defamation exists, there are damages that are caused as a result. Those damages are compensable through a civil lawsuit, in California and beyond.

After a successful defamation case, a person may be entitled to damages in one of three categories:

Consult an Experienced California Defamation Attorney

Defamation lawsuits can compensate you financially and help deter others from defaming you or your business in the future.

Anexperienced California defamation attorney at Lowe & Associatescan enforce your rights in your work.Contact ustoday for a consultation.

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As an expert in defamation law, I bring a wealth of knowledge and experience to this discussion. My understanding of defamation extends beyond the basics, delving into the nuances of different types, legal standards, and potential consequences for both plaintiffs and defendants. Allow me to demonstrate my expertise by providing an in-depth analysis of the concepts discussed in the provided article.

Defamation Basics: Defamation is a civil cause of action resulting from a false statement of fact about an individual or business. The key elements include:

False Statement of Fact: The statement must be untrue.
Publication: The false statement must be communicated to a third party.
Fault: The statement must be made negligently, recklessly, or intentionally.
Damage: The false statement must have caused damage to the reputation of the person or business.

Types of Defamation:

Libel and Slander:
- Libel: Defamation in writing.
- Slander: Verbal defamation.
Defamation Per Se:
- Certain false statements are inherently damaging and considered defamation per se.
- In California, this includes broad categories like accusing someone of a crime, having a venereal disease, being unfit for a trade, business, or profession, or impotence or unchastity.
Defamation Per Quod:
- Statements not obviously defamatory on their face but require proof of defamatory nature and special damages.
- Special damages can include lost profits, damage to business relationships, interference with contracts, decreased business traffic, or adverse employment consequences.

Defamation of Public Figures: Public figures face a higher standard of proof. They must demonstrate that the untrue statement was made with actual malice, according to the U.S. Supreme Court.

The Anti-SLAPP Statute: The Anti-SLAPP statute in California allows for a special motion to strike a plaintiff's complaint if it is based on an act in furtherance of the right of petition or free speech. Success in an Anti-SLAPP case can lead to the dismissal of the case and an award of attorney's fees and litigation costs to the prevailing party.

Damages in Defamation Cases: When a valid defamation case exists, pursuing legal action can be worthwhile due to the potential financial awards:

General Damages:
- Loss of reputation, shame, hurt feelings, embarrassment, etc.
Special Damages:
- Damage to property, occupation, trade, profession, or business relationships.
Punitive Damages:
- Extra damages to punish the party acting with malice or ill intent.

Is it Worth it? The article emphasizes that pursuing a defamation case is indeed worthwhile, not only for financial recovery but also to deter future defamatory statements against the individual or business.

Conclusion: In conclusion, defamation law is a complex field involving various types, standards, and potential consequences. Understanding these aspects is crucial for individuals considering legal action in response to defamatory statements. For specific cases, consulting an experienced defamation attorney, such as those at Lowe & Associates, can provide tailored guidance and representation.