Libel and Slander Lawsuits

Saying lies about someone can do more than cause hurt feelings. It can ruin someone’s reputation or even put them in danger of harm. If a false statement or lie hurts someone, they can file a lawsuit for damages.

If you are a victim of defamation, libel, or slander, talk to a personal injury attorney who handles libel and slander lawsuits about the defamation laws in your state. You may be able to recover financial compensation.

What Are Libel and Slander?

Libel and slander are types of defamation. Defamation is a false statement of fact that injures someone or harms their reputation or standing in the community. Libel involves a written statement, and slander is a spoken statement. A written statement can include online posts on social media or review sites like Google Maps.

For example, the neighbor of a business owner writes a review online that the business owner is a domestic abuser just to hurt the business. The owner loses money when people protest the business. The business owner can file a lawsuit against the neighbor for damages.

Can You File a Lawsuit for Libel or Slander?

Defamation is a type of civil wrong known as a tort. Someone injured by defamation can file a civil lawsuit for damages caused by false statements. The defamation of character area of law is complicated because of several exceptions. There may also be protections for First Amendment freedom of speech, even if the statement is false.

There is a limited amount of time to file a lawsuit. The statute of limitations is the time limit for defamation lawsuits. Depending on the state, the time limit for slander or libel is usually between one and three years. Talk to a civil personal injury attorney in your state to find out how much time you have to file a civil tort claim.

What Do You Have to Prove to Win a Slander or Libel Case?

In a civil lawsuit, the injury victim (plaintiff) must prove all the charge’s elements. The burden of proof in a defamation suit is lower than in criminal cases. The injury victim only has to prove it is more likely than not that the defendant is responsible. The elements of defamation claims depend on state law but generally involve the following:

Elements of Slander

• The defendant made a false and defamatory spoken statement about the plaintiff and knew or reasonably should have known it was false
• Another person heard the statement
• The spoken statement damaged or harmed the plaintiff’s reputation

Elements of Libel

• The defendant made a false and defamatory written statement about the plaintiff and knew or reasonably should have known it was false
• The statement was published (printing or online)
• The written statement damaged or harmed the person’s reputation

What Are the Defenses to a Libel or Slander Lawsuit?

There are some exceptions and defenses to defamation charges. Not all harmful statements are defamation. Possible defenses to slander or libel claims include:

• The statement was true
• No one heard the statement
• The statement was never published
• There was no harm done
• The person was a public figure
• The statement was only an opinion
• The statement was unreasonable to believe
• There was a retraction

Truth is generally an absolute defense to libel or slander claims. Even if the statement isn’t 100% true, it may be a defense if it is generally true. If a plaintiff cannot show the statement is false, they may lose their defamation case.

The statement must be defamatory or intended to cause harm. If the statement was a lie but not harmful, it may not be defamation under libel laws. Opinions or unreasonable statements may also be protected. Writing a review that a pizza place is “horrible” is an opinion. Oral statements about how a business owner has horns growing out of their head would not generally be defamation because a reasonable person would not believe it.

Public figures may have fewer defamation claim options than private individuals. There may also be free speech exceptions for matters of public interest. A defamatory statement may be protected if a person is a public official or movie star. But it may still be defamation if made with reckless disregard or actual malice.

How Much Can I Get in a Libel or Slander Lawsuit?

If you prove defamation, you can sue for damages to hold the defendant liable for their statements. Special damages can depend on your actual damages or loss of reputation. In extreme cases, victims of libel or slander may also get punitive damages to punish the wrongdoer. These cases are complex, so you should talk to a defamation injury attorney for legal advice about your slander or libel claim before taking legal action.