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Receiving Compensation For Defamation: Making Your Case

12 November 2014

Tracy Roberts

Even though defamation can bring about a lawsuit, it is still very common for people to try to destroy the good name of others. If you have been a victim of defamation, you may find yourself humiliated and may even struggle to find or keep a job. If defamation has caused actual harm to you, it may be time to start considering a defamation lawsuit. There is often a conflict between the desire to protect the right to free speech and the need to prevent others from destroying the name of those with whom they are in conflict with. Therefore, you will have a great burden placed upon you to prove that defamation has occurred.

Were the Statements Untrue?

Before beginning a defamation lawsuit, you will need to ask yourself if the statements made against you are true or not. For example, if you were let go from your job because you were caught stealing, and this is a proven fact, you cannot sue for defamation. However, if this is an untrue statement, you may have a case.

Did Others Hear the Statements?

Also, it must be proven that the defamatory statement was made for others to hear. If someone says something highly offensive only to you, it may not be possible to sue for defamation because no harm has been done to your reputation.

Did You Suffer Financial Harm?

If you can prove that the act of defamation caused specific harm to you, this may be a case for why you should be compensated and for how much. If, for example, you lose your job, the salary that you would have received is evidence that you suffered monetary damages.

Did You Suffer Mental Anguish?

Besides causing direct financial harm, defamation can cause mental or physical anguish. You may suffer from depression, insomnia or physical ailments. This form of harm may require that you receive a prescription for sleep aids or may require that you participate in counseling. Since these actions are not cheap, you may deserve compensation for these expenses.

Did the Defamation Directly Cause You Harm?

You will also need to produce proof that the acts of defamation cause the harm that you claimed they caused. If you lost your job, you will have to prove that you lost your job as a result of the defamation and not because of another reason. If you were already receiving negative performance reviews prior to the defamatory actions and your former employer explains that this was the reason for your termination, you may have a more difficult time winning the case. But regardless, you should speak with personal injury attorneys so that you can determine in what way you can proceed with your case.

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