Find out if you have a claim for defamation
Our smart evaluation helps you determine whether you have a claim for defamation. It also provides an estimate of how your claim may be worth. Designed by defamation attorneys.
Do You Have Questions?
A list of frequently asked questions to help you understand how it works.
1. What is the difference between defamation, libel and slander?
All three refer to legal causes of action.
Libel – Libel refers to false negative statement presented as fact written about someone that damage a person’s character or reputation. Libel can include statements made in text message, email, internet posting, or any form of writing.
Slander – Slander refers to false negative statements presented as fact spoken about someone that damage a person’s character or reputation. Slander can include any statements spoken in person, whether by phone, on the radio, on tv.
Defamation – Defamation broadly refers to false and negative statements presented as fact, regardless of whether they are written or spoken. Thus defamation encompasses both libel and slander. If something is considered libel or slander, it will be defamation.
2. What are the grounds for defamation?
What you need to show as the grounds for defamation will vary depending on whether you are considered a public figure, or if the defamer is a media company. There may be other minor variations depending on your state as well. We account for all of this in our defamation evaluation at the top of the site.
However, generally speaking, a Plaintiff (the person or company suing) must show at least three things:Â (1) a false statement presented as fact; (2) publication or communication of that statement to a third party; (3) some showing that Defendant was at least negligence in making the defamatory statement.
Additionally, depending on defamatory statement, the Defendant will need to show some form of damage to their reputation. Certain statements however are considered so defamatory, that you don’t need to show any type of damage. These usually include statements alleging criminal conduct, or accusing someone of having an infectious disease.
3. What are some examples of defamatory statements?
The classic example of defamation is a falsely accusing someone of committing a crime. For example, if someone says to third party, that you or your company has committed fraud, assuming that is untrue, that is defamation. In this example, the defamer is presenting something that is untrue, and harmful to a person’s reputation, as a fact.
However, if the persons says “i think you may have have committed fraud”, that may not be defamation, because they are stating their opinion. The courts provide wide latitude to people’s freedom to express their opinion. Still, a person cannot pass off a fact as truth and than redeem themselves by saying “it is their opinion.” Once the defamatory statement is made the damage is done.
4. What is defamation of character?
Defamation of character is a long way of saying defamation. Defamation refers to negative false facts presented as truth, communicated to a third party about you, that is harmful to your reputation.
If those words are communicated in writing, it can be referred to as libel. if the words are communicated in speech, it can be referred to as slander. In both cases, they are considered defamation or defamation of character.
A classic example of defamation of character is false accusation that someone has committed a crime or is committing a crime.
5. How do you prove defamation, libel or slander?
You can prove that someone as defamed, libeled, or slandered you in a number ways.
Slander – For example, if you have been slandered, you can prove this through witness testimony, your own sworn affidavit, or a recording of the slanderous statement. Or if you initiate the lawsuit, the person who made the statement will be deposed and they will answer under oath whether they said the statements about you. If they lie under oath, they can get in trouble.
Additionally, you may be entitled to depose others who heard the slanderous statements, and your attorney will ask them under oath to admit or deny whether the statements were made by the defamer.
Libel – If the statements were made in writing, it may be easier to prove. You can produce the written statements about you if you have emails, text or writing. Even if you do not, during the litigation process, you’ll be entitled to request the writing from Defendant or other third parties through subpoenas. You’ll have the opportunity to depose the Defendant, which allows you through your attorneys to ask the Defendant under oath whether they wrote the statements.
6. Who can I sue for defamation?
There are very rare exceptions for when you can’t sue for defamation, and it may vary depending on states. For example, you can’t typically sue for defamatory statements made by a judge or in a court proceeding.
However, generally speaking, you can sue mostly anyone who has defamed you for defamation. This includes your boss or former boss, your ex, your coworker, your former employee, your class mate, your teacher, just to name a few. If someone defames you, you have the right to sue to defend yourself and clear your reputation.
7. How much does it cost to sue for defamation?
Generally speaking, an attorney will represent you for FREE to sue for defamation. Some attorneys may charge high hourly rates, but many will represent for free on contingency. The attorney gets paid a small percentage of the judgment or settlement they obtain for you. This means that the attorneys don’t get paid until you get paid. The attorney thus has interest in getting you the highest amount possible for your claim, and you have little to no monetary risk.
If you need an attorney we can connect you with some of the best defamation, libel and slander attorneys.
8. How much can I make sueing for defamation, libel or slander?
How much you make in a defamation case can vary. There is no guarantee on the amount, although many defamation cases settle in the six figure range. This is because the cases often covered by insurance companies, and it more costly for them to take it to trial than it is to settle.
Cases can also go well up into $1,000,000.00 range. The amount you can obtain will depend on a number of factors including how defamatory the statements were, the Defendant’s intent, the damages you suffered, etc. Our defamation evaluation at the top can you calculate a ball park estimate for you.
9. Do I have to go to trial to win money in a defamation, libel or slander case?
No. Most defamation cases are resolved through settlement. It is often expensive for the Defendant to go to trial, so they will usually resolve before it gets trial. In many as well the insurance company gets involved and will prefer to settle.
10. Do I have to suffer damage to sue for defamation?
It depends on the the type of defamatory statements that are made against you. Certain statements are considered so defamatory and egregious, that you do not need to show any damages to obtain a monetary judgment or settlement. This type of defamation are referred to as “defamation per se.”