When someone spreads falsehoods about another person, whether it’s in written or spoken form, the victim may wonder if they can sue. After all, false statements can cause real damage in a victim’s personal or professional life. Although it can be very difficult to quantify the economic harm of such statements, state law provides several causes of action against those who lie about others. Here, clients can learn about the differences between spoken and written defamation, or slander and libel.
Proving Libel
To win a case against someone who has made libelous statements, a client and his or her Personal Injury Attorney Albuquerque NM must prove that the statements were:
* False
Harmful to the victim’s personal or professional reputation
Published to another person
Specifically about the victim or their business
Made with intent
Harmful and false statements made online, on TV or on the radio are still regarded as libel, even though they may not be in writing. If the victim isn’t a public figure, they only have to prove that the perpetrator was negligent.
Proving Slander
Slander is similar to libel because it involves the intentional making of false statements. The only difference is that slander cases lack the publication requirement, as the defamation is spoken. A victim can collect damages if another person’s false statements:
* Affect their profession or business
Imply that the victim did something illegal
Lead to conclusions that the victim has an STD or other condition
Failing that, the victim must prove financial damages to collect for another person’s slanderous actions, which can be very hard to do.
Taking a Libel or Slander Case to Court
If a person is libeled by a magazine, TV station or newspaper, the first step is to request a retraction. When defamation is ongoing, a Personal Injury Attorney Albuquerque NM can send a cease and desist letter that demands an immediate stoppage of the offending conduct. These letters serve as proof of the victim’s good-faith desire to negotiate before resorting to legal action. Slander cases are harder to prove unless the victim logs each untrue statement, and the statute of limitations is rather short. Therefore, it’s important to call a lawyer as soon as possible to correct the reputational damage. Clients can visit website or call The Carter & Valle Law Firm to schedule a consultation with a personal injury or defamation lawyer.
