Defamation, also called slander, is the use of words or statements that negatively impact the reputation of another person. In general, a person may be able to recover for damages due to defamation and slander. In some cases, in order for the plaintiff to collect, it must be proven that the statement of slander is actually untrue.
However, this is not absolutely necessary for all cases. Defamation is a general term, while slander usually refers to statements that are spoken. In order for these statements to be considered defamation or slander, they must be made available to someone other than the plaintiff. This means they must be published for the general public or a large group of people.
According to common law in the United State, defamation and slander are considered to be part of personal injury law because they cause damage to someone’s character. A victim of defamation or slander may bring action in court against the guilty party. It is considered difficult to prove defamation and slander in a personal injury case, because a great deal of actions are protected under the freedom of speech amendment of the Constitution.
The plaintiff must prove that there was actual damage to his or her character, or pain and suffering caused, in order to receive any compensation. There are several specific remedies available to defendants when they are able to prove defamation. This may include a retraction of the statement, and a re-publication of a truthful statement.
Plaintiff in a defamation or slander personal injury suit should be aware that there are several defenses that a defendant can use to escape liability. Claiming that the statement in question was actually truthful may excuse him or her from being liable for damages. The defendant can pose an argument that the statement was of valuable knowledge to the general public.
Any statement of defamation that was made in legal testimony will generally not be considered actionable. A defendant acting under the legal process is usually permitted to speak freely. The reason why it is so difficult for a plaintiff to claim defamation of character is because a person who is stating opinion is free to do so. A personal injury lawyer will be able to aid a plaintiff in determining whether or not there is enough evidence to bring about a defamation of character law suit.
