2usn016 How to Sue for Defamation: 1 Stes (wit Pictures) How to Sue for Defamation can If someone damages your reputation by way of slander or libel, you may have grounds to sue for defamation. "Slander’ is the crime of mi false, spoken statement damaging a person's reputation. "Libel false published, written statement damaging a person's reputation. Some states combine libel and slander claims under the umbrella term “defamation.” Other states still distinguish between the two, requiring the appropriate civil sult for the respective offense. Defamation cases are notoriously difficult to win since the burden of proof is on the plaintiff to prove that a statement is defamatory and damaging. Even if a statement is defamatory, many cases (such as cases involving someone who is a public figure) require proving actual malice.'"] Learn how to help your case if you are considering whether you have grounds to sue for defamation. {' Making a Case frat te statement Dect the statement made agsnst you fale inte te ‘catagory of slander, libel, or the blanket category of de ll make the distinction. Slander refers to spoken statement such a8 in speech or ever the radio. Libel refers to written defamation such as in a book or newspaper. + Since written statements tend to cause injury for ‘can be more harmful than stander. A published statement is also easier to prove after the fact, making Ita stronger case when fling a sult. jon, Some states— 2D, Prove thatthe statement was published Published statements make a better ‘case when seeking damages because you can mare easly prove the mass exposure ofthe statement. Legally, “published” refers to information heard by a third party outside yourself and the defamer. Published daesn't necessarily mean inted in a book or newspaper, although that alse counts. A published statement can also be made public in the fllowing ways: + On television oF radio. + Ina speech, + Ona eatiet or picket sign. + In loud conversation, which you could prove with the help of witnesses. + Via gossip, which you could prove if you have an emai chain or other witnesses, + Via social media sites, including Twitter, Facebook, Youtube, and others.) Prove the statement was false. A defamatory statement must actually be false. hntpihwwrw wikihow com/Suefor-Detaration w2usn016 How to Sue for Defamation: 1 Stes (wit Pictures) ‘true, you don't have grounds to sue, This Includes it it damaged your reputation, + Statements construed as opinions aren't considered defamatory in most ceases. An opinion is subjective. You can't prove it objectively alse, + For example, the statement,“ think that Aaron is dumb because he likes lee cream” would be an example of an opinion since the person making the statement provides a basis for the opinion (Le., Aaron Ikes Ice cream). On the other hand, the blanket statement, “I know for a fact that Aaron was convieted of murdering his mother in Texas” would unlikely be considered {an opinion since the person reading or hearing the statement would have to assume damaging facts.) A, Prove thatthe statement caused injury. You must show tha the statement harmed you in a concrete way, Assess how the statement affected you. Determine whether you can prove that your fe changed for the worse because people believed the statement and now view you differently. It nobody believed the statement then there was no real harm. + Ityouive lost work, are shunned by friends and family, or were harassed as a direct result of the statement, you can consider it to be injurous. I you already had a bad reputation or if most people didn't seem to believe the statement) twill be hard to prove that you were defamed by this particular statement Prove “spect! damages." For slander in particu, you have te prove “special “damages.” “Special damages” refer to damages that are capable of being calculated, typically to the dollar"! Examples include lost earnings or lost future earings, + Some states, Including California, use a “defamation per so” standard, which ‘means thatthe statements are defamatory on thelr face. The four most commen examples include: the implication that you have a contagious. disease, such as HIV; that you commited a criminal offense; that you tunchaste or committed adultery; or that your professional reputation is called inte question G eermine it the statements protected by “absolute privilege." In some legal situations, people are asked to make statements without having to worry that tected by “absolute a witness could testify falsely in court and the statement may have the same consequences as any other defamatory statement, but that witness Is protected by absolute privilege 7 jon, Such statements are + Other statements protected by “absolute privilege” include statements made during judicial proceedings: statements made by governmental officials; statements by legislators during legislative debates; statements made during political speeches or broadcasts; and statements between spouses! Determine i the statement i protected by “auf priviege” In some ‘cumstances, people have 2 right to make a particular statement. Such hntpihwwrw wikihow com/Suefor-Detaration2usn016 How to Sue for Defamation: 1 Stes (wit Pictures) statements are considered “qualified privileged.” For example, statements by an ‘employer about whether a former employee Is fit to perform a new job may be protected by the qualified privilege. + Other statements protected by “qualified privilege” include statements in governmental reports or official proceedings; statements made by local governmental officials; testimony by citizens at legislative proceedings: statements made In self-defense or made In an attempt to war others of danger; some types of statements made by former employers to a potential ‘employer about an employee; and statements published in a book or film review considered eriticism.* Depending on your state ita statement is protected by “qualified privilege,” the person suing must prove the person making the alleged defamatory statement did s0 intentionally, recklessly, or with malice, hatred, spite I will, or resentment.) 3) Serving a Defamation Complaint inform the pusher and request a retraction. To ether fle a defamation awsult ‘oF recover al of your damages, some states require you to inform the publishe thatthe statement s false and ask for a retraction, Ifthe publithers conduct an Investigation and determine thatthe statement was false and issue a retractor can mitigate some of their damag they 1D, Meet wih an atomey to dscuss your case, Aer conducting your own research and determining you have a case, consult with an attorney ‘experienced with this type of lawsuit. Defamation laws contain gray areas and vary from state to state. Your best chance at success wil be to hire an attorney. Your state or county bar association may have free referral services to qualified local attorneys and may also offer free consultations with attorneys who specialize in hanéling the legal Issues relevant to your ease. Bring the following Information to your meeting: + An account of exactly what happened with regard to the defamatory statement and the circumstances surrounding It + Documents, printed publleations, emall printouts, recordings, and other records of the detamatory statement, + Writen statements of witnesses (third parties) who either heard or read the defamatory statements made by the defendant, + Some type of proot thatthe statement s not rus. + Any proot you have that the defamatory statement fulfills the requirements for suing for defamation, such as proct that you lost work, proof that your family ne longer talks to you, ete 4 consider Ateratve Dispute Resclution. With Ateratve Dispute Resclution (ADR), parties often share the cost of hiring a neutral mediator, who ie not necessarily a lawyer, to assist with working out a mutually agreeable outcome. The ADR process includes a neutral third-party evaluation, negotiation, and mediation 1011 ADR Is often less adversarial, more efficient, and less expensive than engaging Informal legal processes by fling a len + Your local county court may have more information about ADR. You can also find a list of ADR resources at: hntpihwwrw wikihow com/Suefor-Detaration2usn016 How to Sue for Defamation: 1 Stes (wit Pictures) http/guldes.tbrary.harvard.edu/eontent. php?! .442479%2id=3626842 | Consider Arbivation.Ariration is another frm of ADR that allows pate to litigate the dispute without going to court. Arbitration may be binding or non binding.) + Ifthe partis agree to binding arbitration, they waive their right to atrial and agree to accept the arbitrator's decision as final. + Non-binding arbitration means the parties may request atrial f they do not accept the a trator’ decision. 5 ilouta defamation complaint and le your lows. Obtain ei complaint {orm from your county evil court. You ean often find ferms on court websites ‘You will need to provide the name and address of the person who defamed you, a8 well as a summary of your ease. You also need to provide information a8 to what damages you seek, + You can lecate the county you live in by entering your zip cade a: httpuiquiektacts. census. goviegl-biniatd/icokup + Ifyou hired an attorney, your attorney will draft the complaint and flit with the court. you did not hire an attorney, ask another person to review your Complaint. Be sure is filled out properly and that you include information that wil help your case. + Get two copies of the complaint: one to keep and one to serve the defendant G ave te detondant served with a copy ofthe complaint. The process for doing this varies according to the jurisdiction. Note, corporations and limited lability companies (LLCs) often designate specific, assigned agents for service. You can locate a corporation or LLC’s registered agent by visiting your Secretary of State's website. You may also check the company’s website or call the company and ask ‘who can accept service on behalf of the company. Check with the cour clerk, a local attorney, or your state's Civil Rules of Procedure for state specific rules and regulations. Common methods of service include the following: + Personal service - Personal service means the hand delivery of the ‘document by someone other than yoursel. All states require that the person delivering the document(s) is at least 18 years old. Many also require that the party delivering the decument(s) sign and lle with the court an affidavit of service, describing how he er she delivered the document. ist Class U.S. mail- Most mail you send and receive is likely sent this way. Although serving many types of court documents via first class mail is accoptat court it may not be in the ease in your state. Be sure to check with the rk to find out if this is an acceptable method of service. + Cortifiod mall = Certtied mal, whether a return receipt is requested or not, Is almost always an acceptable form of service. However, you should double c’check with the court clorkto ensure that your state allows service inthis hntpihwwrw wikihow com/Suefor-Detaration2usn016 How to Sue for Defamation: 1 Stes (wit Pictures) 3 Deciding Whether to Go to Court J Nesotate a setemont if possible, Once the defendant and his or her attorney see the proof of defamation, they may be willing to discuss a settlement and veld going to court. If your alm Is to receive damages, this may be the best option for you. I you want to restore your good name, you might decide to go to court Instead s0 you have the chanee to bring the truth to light. 2D Geto courtit necessary. Be prepared to prosont evidence proving that the statement made against you Is untrue and injurious. Remember that ifthe defendant ean prove thatthe statement s actually true, the ease will be dismissed, + Discuss your options regarding tral by jury or a bench tral. A bench tral is tial where only the judge hears the evidence and rules on whether you have suffered harm to reputation. + You can find more information regarding what to expect i the case goes to tial at How to File a Lawsuit, Questions and Answers Be the first to ask a question about this topic: What do you nee : Give us 3 minutes of knowledge! Yes__No |[ Yes No || Yes No || Yes No Warnings + This article is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to your particular issue or problem. If you need additional guidance, you may contact a lawyer through your state bar association at: http/apps.americanbar.org/legalservices/findlegalhelp/states.html + Filing a defamation lawsuit can give rise to an anti-"SLAPP" action against you. “SLAPP" is an acronym for Strategic Lawsuits Against Public Participation. SLAPP lawsuits are designed to freeze freedom of speech by intimidating and silencing critics. Anti-SLAPP laws hntpihwwrw wikihow com/Suefor-Detaration2usn016 How to Sue for Defamation: 1 Stes (wit Pictures) designed to protect people from meritless and abusive litigation, [15] 9 States with anti-SLAPP legislation give the person being sued for defamation (the defendant) an opportunity to strike the case because the alleged defamatory statement may pertain to speech regarding a matter of public concern") Anti-SLAPP actions address whether the defamation complaint is malicious. ° Ifthe defendant makes a motion to strike, the plaintiff with the defamation claim has the burden of showing the probability that he/she will prevail in the suit. If the defendant prevails on any part of the motion to strike, some state laws require the plaintiff to pay the detendant’s attorney fees.!15] © Anti-SLAPP actions can turn the tables on plaintiffs who file meritless defamation actions. Check with an experienced attorney before a defamation lawsuit. Sources and Citations 1. 1 New York Times v. Sullivan, 376 U.S. 254 (1964) 2.1 httpe/finjury-tr the-basies.html 3. + http://www.dmip.org/legal-guide/o} 4.1 http:/www.nolo.com/legal-encyclopedia/defamation-law-madk 29718.htmt 5. 1 http://www nolo.com/legal-encyclopedia/damages-detamation- case.html \diaw.com/torts-and-personal-injuri jon-and-tair-comment-pr http://apps.americanbar.orgilitigation/committees/businesstorts/articles/ spring2014-0513-defamation-prepare-plead-prove-actual-damages. htm! 7. 1 http://www nolo.com/legal-encyclopedia/defamation-law-made-simple- 29718.htmt 8, + http:/www.nolo.com/legal-encyclopedia/privileges-defenses- dofamation-cases.html 9. + http:/www.nolo.com/legal-encyclopedia/privileges-defenses- defamation-cases.html 10, + http:/iwww.nolo.com/legal-encyclopedia/privileges-defenses- defamation-cases.htm/ 11. 7 http:/iwww-law.cornell.edu/wex/alternative_dispute_resolution 12, 7 http:liwww.sdcourt.ca.gov/portal/page? _Pageid=55,1555406&_dad=portal 13. + http:/iwww.dmip.org/legal-guide/responding-strategic-lawsults-against- public-participation-slapps 14, + http:/iwww-anti-slapp.org/your-states-free-speech-protection/ 15. + http:/iwww.casp.net/sued-for-freedom-of-speech-californialwhat-i first-amendment-slapp/ hntpihwwrw wikihow com/Suefor-Detaration2usn016 How to Sue for Defamation: 15 Steps (with Pleures) tigation ‘Thanks to all authors for creating a page that has been read 585,714 times. hntpihwwrw wikihow com/Suefor-Detaration Ww