You've come to the right place. Defamation of character can be as damaging as any physical injury including damaging you at work, among your peers, or among your friends and family. If you have been the victim of defamation, including slander or libel, then an experienced defamation attorney may be able to help.
Use FindLaw to hire a local defamation of character lawyer who can help you recover money and other damages for injuries caused by defamation against you. How do I choose a lawyer?
The term “ defamation ” refers to a person making false and malicious statements about someone else, either through written or spoken word. As an area of law, defamation works to remedy situations in which someone’s words cause harm to someone else’s livelihood or reputation.
Spoken defamatory words are called slander. Slander involves the oral “publication” of defamatory remarks that are heard by a third party. The distinction between libel and slander lies in the method of publication.
Kentucky defines defamation as causing harm to the reputation of a person or business, by communicating to a third party, via words that are false and meant to humiliate, degrade, or incite contempt or hatred.
Under Kentucky state law, to bring a defamation of character lawsuit, public figures must prove actual malice existed on the part of the offending party. Private figures, on the other hand, only need to prove that the defendant acted with negligence or reckless disregard for the truth.
Defamation Defenses in Kentucky. Kentucky law allows for truth, opinion, and general reporting as valid defenses in slander and libel cases. If the truth defense is employed by the defendant, it’s incumbent upon the plaintiff to prove the statement was made by the defendant.
Kentucky views public figures as people who are generally recognized, either by their status as a celebrity or public office. Seeking elected office, holding a position of public trust, or possessing name recognition a reasonable person can identify, all fall within the definition of a public figure.
Kentucky is Per Se State. Defamation per se constitutes a statement that inherently defamatory. Accusing someone of: In cases such as these, the plaintiff can sue for damages without having to prove actual damages because the defamatory statements are, by themselves, defamatory.
To establish a claim for defamation, the following elements must exist: (1) defamatory language, (2) about the plaintiff, (3) which is published, and (4) which causes injury to reputation. Stringer v.
The typical types of statements that constitute defamation per se are those that impute crime or unfitness to perform duties of office, or those which tend to injure one in his reputation, or expose him to public hatred. Stringer v.
by Mary Hodges. Defamation is a false statement, communicated to others, that gives a negative impression of a person, group, or entity. Defamation can include slander which is spoken words, or libel which is written or printed. Defamatory language can cause harm to a person or entity such as damage to one’s reputation in the community.
Statements are defamatory per se when they “tend to expose the plaintiff to public hatred, ridicule, contempt or disgrace, or to induce an evil opinion of him in the minds of right-thinking people, and to deprive him of their friendship, intercourse and society.”.
There are some types of statements that are automatically considered injurious to one’s reputation and therefore require no additional proof that the person was, in fact, harmed by the statement. These are discussed below in more detail.
Defamation law is a highly specialized area of law. Internet defamation is an even more specialized subfield and is often complicated by its intersection with many other areas of law, such as copyright and interactive computer service laws.
Perhaps the two biggest benefits of hiring a defamation lawyer are time and money. You save yourself countless time (and aggravation) by having an expert go through the process for you. You also ultimately may save money, as an experienced online defamation attorney should be able to secure a higher award than you would have on your own.
While there are countless ways and mediums to publish defamatory statements, there are two primary types of defamation: libel and slander. When the false statement is verbally communicated, that is slander. When it is published in a tangible medium, libel is at play.
If you decide you do not want to navigate the complexities of U.S. defamation law on your own, the first step is to find a defamation lawsuit attorney. It can feel daunting to find the right attorney while also going through the emotional upheaval of being defamed. We discuss several important considerations and provide resources below.
You need a civil litigator. Nonetheless, it is doubtful that you have a case for defamation given the privilege in filing police reports. You may however have other claims.
If I were you, I would contact your union for a referral. Unfortunately, complaints to the department are absolutely privileged. However, there other actions may not be privileged. Good luck.
Most attorneys with a general practice or with a civil litigation practice would be able to help you. Under these facts, it sounds like you have a solid action.
The term “ defamation ” refers to a person making false and malicious statements about someone else, either through written or spoken word. As an area of law, defamation works to remedy situations in which someone’s words cause harm to someone else’s livelihood or reputation. A person who has experienced defamation, or has been defamed, ...
States laws regarding proving defamation through the legal theories of libel and/or slander vary. However, there are some general rules that a person must prove in order to show that a statement made was in fact defamatory. Again, the false statement must actually harm the reputation of the other person, as opposed to being merely insulting or offensive. A statement may be considered defamatory if the statement was: 1 Published: Under legal definitions, “statement” refers to something that can be spoken, written, pictured, or gestured. A published statement means that a third party saw or heard the statement, but it does not necessarily mean that it was printed in a book or magazine. This definition includes radio, speeches, television, social media, or even loud conversation; 2 False: Defamatory statements must be objectively false. This is because true statements are not considered to be damaging to others.; 3 Injurious: The plaintiff must prove that the statement harmed them in some way. An example of this would be if they lost work because of the statement, or they were shunned and/or harassed by neighbors because of defamatory remarks; and 4 Unprivileged: The defamatory statement must also be unprivileged. What this means is that in some circumstances, such as witnesses testifying in court or lawmakers making statements in the legislative chamber, they are not to be held liable for any statements that would otherwise be defamatory.
Why Does the Distinction Matter? Because defamation in the form of libel is generally more injurious than that of slander, courts typically look at libelous cases as more serious. In some cases, the distinction between libel and slander is less clear.
The distinction between libel and slander lies in the method of publication. Recently, it has been determined that there are not many differences between the two terms.
Libel is considered to be damaging to a person’s reputation due to the fact that the defaming information can be read by large amounts of people. In order to recover for libel, the false statement must actually harm the reputation of the other person, as opposed to being merely insulting or offensive.
Most state criminal libel statutes recognize statements that cause breach of the peace, and may criminalize published statements that are dishonest or expose someone to hatred, mockery, and contempt. Libel claims may be brought by living persons, as well as legal entities, such as corporations and unions.
Written defamation, such as defaming someone in a book or newspaper, is referred to as libel. This definition of libel can also extend to cover businesses, not just individuals. Additionally, libel can refer to visual depictions, and published statements that are made on radio, audio, and video. Libel is considered to be damaging ...