When to sue for libel/defamation?

Question

Some false information was published about me in a local paper. No retraction was made after I contacted the reporter about it. The same paper has labeled me a rather harsh name several times in different articles that have nothing to do with me, yet they continue to label me a derogatory name and print my full name after doing so. I want to put a stop to this. Can I sue? Can I use "discretion" as an argument?

Although I am not a public figure, I had a court dispute that involved a public official a year ago and that case was covered by different reporters. Now, whenever that official does something of public interest, our dispute is referenced regardless to the fact that the case ended a year ago. The recent articles have nothing to do with that case, but the reporter finds a way to include the past case in the article. I want to know if I can argue that the reporter is not using discretion when reffering to me in a derogatory manner as well as writting about me in articles that are not relevant to the year old case.

Answer 1

You need to pose this question to a lawyer in your area.

While you may be able to sue, the likelihood of success will rest on several factors, including, but not limited to: The who you are (public figure, etc.), reason the information was published, type of information published (opinion v. fact), how untrue the information is and what damages you have suffered.

By bringing this type of action, you are opening yourself up to attack by the publisher of the information. They will say as a defense that the information is true and they will stop at nothing to prove that it is. Whatever was said, even if it does not come close to the truth, they will find a way to show that it is true. Even if it is pretty bad, the type of lawsuit you are talking about will have the defendant trying to drag all of your skeletons out of the closet, we all have a few.

Definitely talk to a lawyer in your area.

Good luck!

EDIT:

I read your additional details. It sounds like the dispute you had was initiated by you. If that is the case, you may be considered a "public figure," because you put your name out there, at least in regard to that case. You really should talk to a lawyer in your area. Your answer can only come with a complete analysis of the facts, including looking at the articles, and evaluating them in light of the dispute that you had. It really isn't possible to evaluate a case with such vague details as you provide here.

Talk to a lawyer. Even if it costs you a few dollars to have the case properly evaluated, at least you will know for sure what your options are.

Good luck!

Answer 2

You could potentially sue either for libel (written defamation) if it is false, or public disclose of private facts (even if it is true).

For defamation, you need to prove that the information was harmful to your reputation, and was intended as a statement of fact.

One of the posters above mentioned needing to prove that the other party knew it was false. That's not always correct -- it depends on whether the court determines the issue was one of public concern, or whether you are considered a public figure in your community.

Details of the laws vary by state, and the legal issues can get complex. It can also get expensive. So, you need to determine whether the cost and repetition of the accusation are worth the vindication if you are proven correct.

Consult with an attorney licensed in your state who handles matters like this, and will be able to give you a more detailed analysis of the costs and likelihood of prevailing.

PS -- I'm not sure what you mean by using "discretion" as an argument.

Answer 3

Defamation regulation is plenty extra nuanced than different posters state. reality is a protection, yet additionally a fact is libelous provided that that's a real fact (no longer a fact of opinion). besides, you're asking what he ought to get? He ought to get compensatory damages, based upon what you wrote, who observed it, and how it affected his popularity. Did he lose any funds over it? Has he been shamed by utilising his friends? If no longer, then those damages are low low low. Libel is an intentional tort, so, if he can teach which you acted intentionally and knowingly, that's achievable that he can get punitive damages. truthfully these days, punitive damages won't be able to be plenty extra effective than 9 circumstances the compensatory. as quickly as lower back, if he suffered no damages, that would not be too plenty (and in case you have have been given a lot of kinfolk on your area, it is going to likely be difficult to coach reason to harm). finally, he can get what he can get from you. in case you have no longer have been given the money, then you certainly have not have been given it. numerous the time, i do no longer think of that costs are no longer dischargeable in financial ruin, so which you in all probability could no longer basically declare financial ruin to sidestep cost (yet he might shape a slow cost plan). the factor is, in all probability no longer plenty, fantastically pondering your financial status. you're no longer the ny circumstances here. Why does he prefer to shatter hisf amily relatives by utilising suing you besides? See an criminal expert domestically, fantastically if he can teach that what you wrote value him company contracts, or a job, or different potential financial harm. otherwise, perhaps an apology could be so as. sturdy success.

Answer 4

Noone should because is a waste of other peoples time and suffering that have to wait more than four years to get a trial or settlement in a car accident.....I was framed for arson,the person that I beat earlier in the day and his family torched their own house and tried saying I did it. They told the news and everyone in school ...The school even had fundraiser because he was on the football team...I had to take a seven hour polygraph to prove I was innocent. And I passed with flying colors.Its been four years and nothing has been done to these criminals for their crimes. They had no problem trying to blame me for it though.... I had a choice to sue him, and his family. But I figured the police and the justice system would take care of them. But I was wrong. They let them get away with it . They must have missed all the real evidence because the guilty criminals used deception to hide their crime from the public by pointing the finger at me...Only a sociopathic moron would do something as stupid as that...I highly doubt they ever took a polygraph because they would have been brought to justice for victimizing me. And only a guilty coward would not volunteer for a polygraph..Im sure your defamation doesnt even compare...So just move on....

Answer 5

You must demonstrate:

They published the information deliberately, knowing it to be inaccurate, and
You suffered actual damages as a result of their actions.

If you can do that, then yes, you can sue for libel.

Answer 6

Sure you can sue ..... but before you go spending all that money, make sure you have no skeletons in the closet.

Answer 7

You can sue anyone, for just about anything. You'll find no shortage of attorneys willing to take your money. They'll fight for you as long as you keep paying.

Whether or not you'll win is another matter.