Defamation of character is a very serious claim in court because of the repercussions that it has on the victim. There are people who have lost their lives and careers as a result of defamation. Your life can change automatically once someone passes false rumors about you. The law protects one’s character from absolute ruin through a defamation claim. When presenting such a claim in court, the plaintiff can sue for slander, which is verbal and untrue statements about someone or libel, written derogatory statements to ruin someone’s reputation.
A good attorney must be able to prove a defamation of character case in a way that will not interfere with someone’s first amendment right to freedom of speech. The law allows people to air their opinion concerning a person or an institution no matter how derogatory it is. However, there is a difference between an opinion and a stated fact. It is the responsibility of the plaintiff’s attorney to prove to court that the defendant did not air his opinion concerning the character of the person but stated a fact that damaged his reputation and his future. In the event that the plaintiff wins the case, he or she will be compensated for damages.
The first step that you need to prove in a defamation of character case is the falsehood of the statement. In addition, you must have evidence to prove that the statement was false. For instance, if one passed a rumor that a chef has AIDS and he lost his job, the chef must show medical records as proof of his negative status. If the chef indeed has AIDS, he or she cannot argue for defamation.
In cases where there is proof of libel, the plaintiff must show the court that many people read the statement and as a result affected how they perceived the plaintiff. In slander cases, the plaintiff will prove to court that other people other than himself heard the statement. The next step that the plaintiff will take will be showing the court the consequences of the statement. The consequences must be negative. In other words, the plaintiff either lost his job or a relationship was injured as a result of the information. In defamation cases that involve the defendant insinuating that the plaintiff committed a crime, the defendant has not only wronged the plaintiff but has also definitely harmed him or her according to the law. The defendant will definitely have to pay for damages.
Tags: cyber bullying, defamation of character, reputation legal management, false business rumors, ny defamation lawyers
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