Defamation, Libel and Slander Lawsuits

You can file a defamation, libel and/or slander lawsuit. Defamation is not a crime, but it is a civil wrong, and the victim is within their rights to sue the person who did the defaming for damages. Defamation can take two forms: libel and slander. Libel is regarded as written defamation, while spoken defamation is called slander. Learn more about defamation laws in our legal guide below, then get quotes on fees from attorneys in your area.

Get Legal Help Today

 Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Feb 28, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Overview

  • Defamation-libel constitutes that the defamation was through writing or words placed on pictures.
  • Defamation-slander constitutes that the defamation was through spoken words or gestures.
  • There are three parts to proving defamation occurred: proof that the statement was indeed false, had consequences that harmed you, and was made without ensuring the statement was true.

If you meet the requirements for a civil action, you can sue someone for defamation, whether libel or slander, if they have written or said something bad about you. However, you must be able to prove the necessary elements of a defamation suit if you wish to collect damages.

Read further to find out what to do when someone is slandering you. If you need to consult with an attorney and find out if you can sue someone for talking bad about you on the internet, just enter your ZIP code below.

What are defamation, libel, and slander?

What are the differences between the three terms?

Defamation can take two forms, which are generally referred to as libel and slander. Libel is defined as a defamation of a person, group, organization, product, government, or country that was made by writing or printing words or in pictures.

Then what is slander, and how is it different than libel? To understand, you will need the slander definition. Slander is the same thing, except the defamatory statement was made in the form of spoken words, sounds, sign language, or gestures.

Constitution Annotated, whose parent site is congress.gov, provided more background on defamation and references example cases from various states.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption

What are some examples of defamation?

  • Suppose you have a blog or produce other online content and write that someone hit his wife two weeks ago. If this statement is not true, it is called a defamatory statement.
  • When a person writes on someone else’s Facebook page that another person was fired from her job because she made a serious mistake and, as a result, her company lost an important client. If this is a false statement, it is certainly an example of a defamatory statement.

What are possible reasons for a defamation lawsuit?

Can you sue someone for slandering your name? 

You may be able to sue for defamation if:

  • False statements were made as if they were true.
  • The untrue statement caused damages.

In cases of defamation per se, damage does not have to be proven. Defamation per se may occur when the party being sued makes a harmful statement that the defamation victim:

  • Had a sexually transmitted or other loathsome diseases.
  • Was guilty of sexual misconduct.
  • Committed a crime.
  • Was not fit to run a business.

How can you win your defamation case?

So what does it mean to sue for defamation? How do you win a defamation case? Filing a lawsuit is one thing, but winning it and being awarded punitive damages is another. To prove that defamation has occurred, you would have to:

  1. First, prove that the statement was indeed false. Truth is an absolute defense in a defamation or slander lawsuit.
  2. Next, you have to show that the statement had consequences that harmed you.
  3. Then, you have to prove that the person making the statement did not ensure that it was a true statement.

If you are a well-known public figure or celebrity, you may have proof that the statement was made with actual malice. This means it must have been made with reckless disregard for the truth, and with the intention of doing harm to you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption

Is it worth suing for defamation?

If you wish to file a civil lawsuit for defamation, it is a good idea to contact a defamation attorney and have a lawyer on your side who can assist you with gathering the appropriate evidence and making your claim.

Your defamation lawyer can also advise you about defamation law, evidence rules, the statute of limitations, factors that may affect the case, and your chance of success with your defamation claim.

When it comes to lawsuits, an action for defamation can be very challenging, so it might be better if you find out the defamation lawsuit costs in advance. To get free quotes on defamation lawsuit fees, enter your ZIP code below to start comparing firms.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption