Elements of a Libel and Slander Case
You may have a personal injury case for defamation if you can prove that what was said or written was not true and it was so malicious that your business, reputation, or product was injured in some way. There are four claims that must be proven to win a personal injury case for slander or libel.
- It is shown that the defendant made a defamatory statement. Defamatory can be defined as any communication that was hostile or disparaging to the plaintiff. It is possible for a joke to be considered defamatory if individuals who heard the joke thought it was true.
- The communication either written or spoken must be communicated to someone else other then the plaintiff. This does not mean it has to be published and distributed in mass. It could have been sent in an email, letter, or newspaper article. Dissemination does not include the unintentional reading by a third party if the third party received the communication by mistake.
- It must be proven that the plaintiff could be identified as the target of the libel or slander. It is not slander even if the communication is slanderous or libelous if the recipients can not identify the subject. The communication can rise to the level of defamation if additional information is added to the communication which may make it clear who the subject might be.
- The communication must have caused some type of monetary loss or damage of the plaintiff's reputation. There are several types of communications that are considered "per se" defamation. These include any false message communicating professional incompetence, the plaintiff is a criminal, an unmarried person is unchaste, or the plaintiff has a sexually transmitted disease.
There are several types of defenses which the defendant can claim to disprove your case. The best defense is that the communication was true. The second is if you agreed to allow the statements to be written or spoken or the communication was accidentally published. The final defense can be made by certain individuals such as jurors, witnesses, lawyers and judges who may have special protection against prosecution for purposes of litigation.
The best way to evaluate your claim of libel or slander is to consult with a personal injury attorney familiar with these types of personal injury claims. A good libel and slander attorney can evaluate if the facts of the case are clear and if real damages can be proven.
