Are defamation cases hard to win in the US?
Defamation lawsuits can be incredibly complex and emotionally charged legal battles for individuals and businesses alike. There are several key elements of defamation that need to be established and proven to win your defamation lawsuit. Winning a defamation lawsuit requires thorough evidence, legal expertise, and a strong argument to prove the elements necessary to establish your case.
In this article, we present the winning strategies you need to succeed in winning a defamation lawsuit.
Initial Considerations
It is important to understand the first steps in pursuing your defamation matter. First, you may wonder, “Is it worth suing for defamation?”. Generally, to prove defamation, you must show that a false statement was made, about you, to third parties, and which caused you damage. Once you have evaluated your case, and determined that you can satisfy these elements, you can then proceed with pursuing your matter.
The next step would be to consider when and where you are going to file your lawsuit. Defamation claims, like all civil claims, are subject to a deadline to file your claim, called the statute of limitations. In many states, the statute is only one year from the date of publication of the statements. There can be many nuances to that rule, so it is important to consider the date to file your suit with an attorney.
Additionally, you need to figure out where to file your lawsuit. Jurisdiction can be tricky, especially when dealing with online defamation. Generally, though, you must file your action in a Court that has jurisdiction over the Defendant. This, like the statute of limitations, is a complex analysis and best reviewed with an attorney to determine the proper Court to file in.
How to Win Your Defamation Case
As discussed, defamation cases can be incredibly complex and can be difficult for plaintiffs to prevail. There are certain steps you can take to set yourself up for success in pursuing your claim.
- Document, Document, Document
- Develop Your Damages
One of the best things you can do to win your defamation case is to document everything. Evidence preservation can be extremely difficult, especially when dealing with online posts. Having evidence of statements being published is critical to satisfying multiple elements of defamation. Preserving everything, from private communications to public posts, is crucial to your case. Having your evidence preserved at the outset of your matter will help ensure a smooth process of your lawsuit.
Damage from false and defamatory statements is not only an essential component of any defamation claim but also an incredibly complex component. Damages in a defamation setting can take many forms, from economic or monetary damages to emotional distress, to costs incurred in dealing with the fallout from the false statements. It’s important to keep track of all the ways in which your reputation has been damaged, and your mental health affected, by the false and defamatory statements.
Is slander defamation?
The terms libel, slander, and defamation are frequently confused with each other. They are all similar in that they all fall into the same general area of law that concerns false statements which harm a person’s reputation. This general area of law is called defamation law. Libel and slander are types of defamatory statements. Libel is a defamatory statement that is written. Slander is a defamatory statement that is oral.
Historically, the distinction between libel and slander was significant and had real-world implications regarding how a case was litigated including the elements that had to be proven and who had the burden of proof. Illinois courts have changed their approach, however, as the Illinois Supreme Court explained in Bryson v. News America Publication, Inc.:
At common law, libel and slander were analyzed under different sets of standards, with libel recognized as the more serious wrong. Illinois law evolved, however, and rejected this bifurcated approach in favor of a single set of rules for slander and libel. Libel and slander are now treated alike and the same rules apply to a defamatory statement regardless of whether the statement is written or oral.
The tort of defamation (sometimes referred to as defamation of character) can be divided into claims involving two distinct types of statements: defamatory per se statements and defamatory per quod statements. Statements that are defamatory per se (sometimes referred to generically by courts as libel per se) are so obviously and naturally harmful to one’s reputation on their face that proof of injury is not required. Illinois law recognizes five types of statements that are considered defamatory per se:
- Accusations that a person has committed a crime
- Allegations that a person has a loathsome disease
- Statements that a person is unchaste or has engaged in serious sexual misconduct
- Statements that a person is professionally incompetent
- Accusations that a person has engaged in conduct incompatible with his or her business, trade, profession, or office
Importantly, a statement can only be considered defamatory per se if the harmful effect is apparent on the face of the statement itself. If extrinsic facts or additional information about the person being defamed is required to understand the harmful effect of the statement, then it cannot be defamatory per se. That is not to say the statement is not defamatory if extrinsic facts are required; it just cannot be defamatory per se.
If a defamatory statement does not fall into one of the defamatory per se categories or requires extrinsic facts, then it is considered defamatory per quod. Unlike in cases involving defamation per se, defamation per quod claims require the plaintiff to allege and prove special damages (also called “special harm” by some courts). The term “special damages” or “special harm” is a legal term of art in defamation law that means the loss of something with actual economic or pecuniary value. In other words, a plaintiff alleging defamation per quod must be able to show specifically how the defamation caused a specific, quantifiable loss of money such as the commission from a lost sale or the salary from a lost job.
Defamation law continues to change and evolve. Defamation attorneys must have extensive knowledge of First Amendment and other aspects of defamation law to ef.