With lighting speed false and defamatory statement can ruin a person’s reputation, business, and esteem in the community. The law allows various remedies designed to compensate those wrongly injured. A statement is defamatory if people in the community understand the words in their normal usage, to harm the person’s reputation and if the person was injured by the statement. Truth is a defense to an action for defamation. If the statement was substantially true, then a person generally cannot prevail. Under certain circumstances, a person has a limited privilege to make a defamatory statement about another without being liable for damages. For example, the statement may be privileged because there was an interest or duty in the subject, and the statement was made to another person with a similar interest or duty. However, if a privilege is considered abused then the person making the statement has no protection. For example, the person making the statement knew the statement was false or made it with reckless disregard of whether it was false or the statement was made out of hatred, ill will, or a desire to hurt. Before the person can recover, it must be proven that the statement was false and that there was knowledge that it was false or acted negligently in failing to ascertain the facts on which the statement was based.

Damages depend on the circumstances surrounding the statement, the occasion on which it was made and the extent of its publication, the nature and character of the insult, the probable effect on those who heard the statement, and its probable and natural effect on personal feelings and standing in the community and in business. A person may be entitled to compensation for any loss or injury to his business; any insult to him including any pain, embarrassment, humiliation, and mental suffering; any injury to his reputation; and any actual, out-of-pocket losses that were caused by the statement. In addition, a person may be entitled to punitive damages for statements made with actual malice.

Libel, slander and defamation cases can involve complex legal, factual, and evidentiary issues that should be thoroughly evaluated. Some of these issues include the following.

• Was the statement false?
• Was the statement heard by others?
• Is the statement defamatory?
• Was the statement made with actual malice?
• Was the statement know to be false?
• Was the statement made with a willful disregard for the truth?
• Was there an apology or an offer to apologize?
• What are the amount of his damages?
• Was there negligence in failing to ascertain the facts?
• Did a merchant have probable cause to believe that a customer had shoplifted?
• If successful, is a potential judgment recoverable?

If you, a friend, or loved believe have been defamed, consider the suggestions in our accident guide, and call us immediately for an evaluation of your case. We are here to help. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using the following Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients.