can anyone give me some direction on how to start a defamation of character lawsuit?

Question

i will add the details if nessecary. i have a WELL established reputation. i am not someone who buys into all the social bs but the ones who do are the ones who have built up such a reputation from me and the root of the defamation of my character has been found. thank you very much. this is vital to my life right now and i would appreciate any help.

Answer 1

You need professional legal advice, but don't be surprised if the lawyer tells you to forget it. In general, there is a very low understanding of "defamation of character" law.

It is not against the law to insult someone, or to call him or her names--nor should there be. It's not nice, people should be grounded or made to write lines or something, but the court will not concern itself with an insult.

It is one thing to call someone names for taking a parking spot or running off with your girlfriend, but quite another to (for example) accuse an accountant of thievery or a pediatrician of molesting children.

For the lawsuit to succeed, you have to be able to prove four things.

1. That the written or oral statements are in fact false--you are consequently on the defensive before you even start.
2. That the person making or writing the statements knew that they were false--this is really hard to prove. If the person believes, in good faith, that the allegation is true, and has reasonable evidence to support the allegation, you're dead in the water--even if the allegations are false.
3. That the person said what he said or wrote what he wrote with the deliberate intention of harming you. For example, "I'll get even with that pediatrician for running off with my girlfriend--I'll say he molested my neighbour's child."
4. That you were actually harmed by the libel or slander. Not just hurt feelings or people ignoring you or a lost friend or two--I mean loss of income in your business because people won't shop in your store anymore, or loss of clientelle in your professional practice or something like that.

There is a reason why our parents and teachers scolded us for saying bad things about people. It's not just about going to heaven--it's about causing harm. The law does not always provide a remedy.

You could sue some horrible person for deliberately harming you, and lose. You could even be ordered to pay his court costs if your case is too flimsy.

This is not the answer you wanted. Sorry.

Answer 2

First determine if you have a case.

Defamation requires a false statement of fact, not just opinion, that is uttered to a third party either in the knowledge that it's false, or with 'reckless disregard' for whether it's false or not.

If you're a public figure then there's also a requirement that the statement be made with "actual malice" - ie that the utterer intended to harm the subject.

Secondly, determine if you have recoverable damages. "hurt feelings" or "public embarrasment" are not damages as the law measures them. If you were fired from a job because of the defamation, then lost wages are damages. If a bus company won't carry you so you have to take a Taxi, the difference between the bus and taxi fare is your damages.

While in "some" states you can file a suit for an intentional tort of defamation (an "actual malice" case) even without recoverable damages, if you win you get only a peppercorn settlement (eg $1)

Richard

Answer 3

Can you prove damages?

Defamation of character is a hard case to prove. You have to prove that you were an outstanding person, and that the defamation caused your real damages.

Look at the things said about politicians. They are slammed by media, comedians, society. But, how can they PROVE that they were damaged? Would they have a suit against a certain media if they lost an election? Probably not.

I suggest talking to an attorney.

Answer 4

Sorry, from what I study, you could no longer fairly do something. Did they call the cops? Did they announce over the loud speaker which you have been fired for stealing? complaints are designed to help in making people "total" for yet another social gathering taking something from them. How have been you broken? Monetarily? are you able to coach it? Many states have "hire at will" regulations the place you are going to be terminated with out purely reason. there is not any regulation here in Minnesota that reads "wrongful termination". the only context is used whilst regulations are broken like EEO or affirmative action.

Answer 5

Simply state the facts, avoid opinions.

If you can accurately state the facts, it allows the person to form thier own opinions. If you embelish on opinions, you do not do the facts justice.

If the facts alone can not substantiate your claim, you probably don't have a suit.