Who is Liable for Libel?
Libel and slander are both personal injury claims that are made when false statements, represented as fact, are made about a person via word of mouth, printed materials or broadcasts. Slander is the more difficult of the two to prove, as it refers to false statements that are spoken, or gestures, that are not recorded, written or documented in a permanent way. Libel refers to false statements, pictures, recordings or broadcasts made about a person. Both of these personal injury claims are often referred to as defamation.
What is Defamation?
Defamation refers to the damages caused by libel or slander. In order for there to be defamation, a person's character or reputation must have suffered harm as a result of the false statements that were made about them. The false statements must have been communicated to another person or group of people and specifically about the person who files the claim. Statements that are simply rude or generally insulting are not considered defamation. The false statements must have been made through the fault of the defendant. With private citizens, there generally only needs to be proof that the defendant was negligent in making the damaging false statements. However, with celebrities or public officials, there is usually a greater burden of proof and the person filing the defamation lawsuit must prove that the defendant knew that the information was false and that they acted with malice in making the false statements.
Legal Defense for Defamation
The perfect legal defense to slander or libel claims is that the statements made are true.
Another strong defense to defamation claims is one that former baseball hero Roger Clemens may soon be faced with - there can be no damage to a person's good reputation and character if they have no character to damage and an already poor reputation. Clemens is suing his former trainer for damaging his reputation with claims of steroid use during his baseball career. Since he has filed this personal injury lawsuit alleging defamation, evidence of extramarital affairs have been revealed, damaging Clemens' already tarnished reputation. Additionally, if it is discovered that Clemens in fact did use performance enhancing drugs and his former trainer is being truthful, Clemens' defamation lawsuit will be completely deflated.
Burden of Proof
As with all civil lawsuits, in libel and slander cases the burden of proof lies with the plaintiff. If the proof of defamation is made, a plaintiff may collect financial compensation for damages and in some cases may also be awarded punitive damages. Appeals may be made on the basis of First Amendment rights.
Celebrity Victims of Defamation
Celebrities often become victims of libel when the media publishes outlandish false statements about them, generally in an effort to sell more magazines or financially benefit in some other way. Although some multi-million dollar awards have been made to celebrities who have been victims of libel by the media, many of these awards have been reversed on appeal or the cases have settled out of court, according to a report by the Media Law Resource Center.
Legal Options for Libel and Slander Claims
Avoid costly legal mistakes and delays in your personal injury claim!
Total Injury can connect you with a local personal injury lawyer who may be able to help if you have suffered defamation through libel or slander. State laws vary and there may be time restrictions on filing a personal injury claim, so if you believe that you have been the victim of slander, libel or other personal injury, you may be wasting valuable time and hurting your case by not contacting a personal injury lawyer.