If you are a victim of false statements that are negatively affecting your reputation, you may be able to file a defamation claim. If you can show that the claims made against you are false, you may be entitled to money for damages like pain and suffering.
Understanding Defamation
Defamation is the action of damaging the good reputation of someone. Defamation that involves spoken statements is called slander. So if someone says things about you that aren’t true and those statements damage your reputation that is defamation by slander.
If someone writes statements about you that aren’t true that is also defamation, but it’s called libel. You can file a defamation claim against someone else for libel or slander, depending on how they made the statements that damaged your reputation.
But the statements must be false in order for them to be considered defamation and the other person must have made those statements specifically to damage your reputation or cause you harm.
Steps Before Filing a Claim
Before you file a defamation claim you must determine if you have a valid claim. Your claim is valid if you can prove that the statements made against you are false. You also must prove that the statements were made to a third party and that you suffered harm because of them.
If your claim is valid, you have the option to send a cease and desist letter before filing a claim. A cease and desist letter is a formal statement demanding that the other person stop making defamatory statements. If they don’t stop, then you can file a claim.
The next step is to gather as much evidence as possible. Take screenshots and print out any emails, group chats, texts, social media posts, and witness statements that you can get. Make sure you get all the evidence that you can.
Then you need to calculate the damages that were caused by the defamation. Be sure to include all damages like emotional distress and financial losses that resulted from the defamation.
File a Defamation Lawsuit
If you are ready to file a defamation lawsuit you should consult an employment law attorney first. An employment law attorney can help you understand your rights and options when it comes to defamation. An attorney can give you specific advances based on your situation and help you navigate your claim.
An employment law attorney can also help you file a defamation lawsuit in the appropriate court and help you negotiate a settlement if necessary.
Once your attorney files your suit, the defendant will be served. They will have to respond and the case will go through appropriate legal channels.
Importance of Legal Guidance
Working with an employment law attorney is important because proving defamation can be difficult. A lawyer can help you:
- Gather evidence and build your case
- Create a legal strategy tailored to your case
- Make sure you meet all deadlines and comply with all court rules
- Negotiate on your behalf
If you want to speak with an employment law attorney about the specific details of your case fill out a Free Case Evaluation now to get connected with an independent attorney who subscribes to the website and may be able to help you with your case.
