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Defamation and Slander
Posted by admin | Posted in Defamation | Posted on 04-10-2009
In the United States, defamation of character can be a very serious offense depending on the circumstances. Defamation is defined as the oral or written communication that is of a false statement. This is intended to ruin a person or business’s reputation. This can be any sort of untrue remark that injures another person’s or business’s character, ability, morals, financial status, or business character. Words and statements can ruin someone for a very long time. This is not taken lightly in the legal system.
Defamation falls into two categories. The first one is slander. This term is used when defamation is communicated through words or sounds. This can also be sign language or gestures. Libel is the term that is used when statements are made in written form. Both are just as equally serious.
When it comes to personal injury lawsuits dealing with slander, financial hardship or damage must be proven. There is an exception if any of the following accusations are made, and then it is presumed that damage has occurred. Remarks were made a bout a person in their trade or business. The plaintiff has been accused of adultery in a false manner. The plaintiff is falsely accused of having a disease that is contagious. The plaintiff is accused of committing a crime when the statement is false in nature.
Slander is very serious. 75% of cases are heard in state courts and 25% federal. Most defamation occurs with local news stories. Not too many high profile cases are involved. According to legal experts, newspapers are more involved in slander as opposed to radio stations.
Defamation laws will vary from state to state. They have been established to counterbalance an individual’s First Amendment rights. This guarantees free speech. This is true, but a person does have the right to protect their reputation. In the United States, citizens are given the right of free comment. This enables people to comment freely and even unkindly about matters of public interest. As long as the written or oral statements are truthful, derived from fact, and not intended to be malicious, it is not considered slander. If a false statement is made and a claim is brought to court, the victim could be entitled to financial compensation for damages, punitive damages, and mental distress.
Defamation cases are very complex. This is due to the fine line between what is opinion and what is slander or libel. Make sure to obtain a personal injury attorney that is aware of the laws within you state. They can help you to build a solid case and create evidence to get you the compensation that you deserve.
Make sure to let your attorney know everything about what happened. If you leave out information, it could be vital to the success of your case. It is ok to reveal any information to your attorney. It will go no further due to attorney-client privilege. This will help you build a case to get the compensation you deserve.
This article is not intended as legal advice.
Related Legal Page: For more information on defamation and slander visit TampaPersonalInjuryLawyer.org



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