Proving Libel or Slander in a Defamation Lawsuit

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

What protection do we have against those who wish to harm us, not physically, but in terms of our reputation and personal contentment? The answer: defamation laws. Defamation laws are set to protect individuals and entities (i.e. companies, organizations, corporations, etc.) from false statements that can harm or damage their repute. Although there are infinite ways to make such statements, defamation of character can fall into one of two categories (or both) that you are probably familiar with: Libel or Slander.

Libel refers to harmful statements that can be seen, such as a written publication. Slander, on the other hand, refers to defamatory statements that are heard, such as an online video or radio broadcast. Continue reading to learn more about libel and slander, and how to prove fault in a defamation lawsuit.

Defamation Laws

It is an on-going struggle for courts to determine which statements are defamatory since the possibilities are endless. In common law, a defamatory statement is a published communication (either radio, written, or video) that tends to harm an individual’s reputation by lowering them in the estimation of their community or deterring third persons or entities from associating with them. This is according to the American Restatement of Torts, or “The Restatement.”

Proving Fault for Libel or Slander

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Under tort law, the plaintiff holds the burden of proving their opponents fault in a defamation case. For this reason, it is vital to retain the services of a seasoned personal injury attorney for safe, secure, and strategic representation. They have the knowledge, experience, and resources to win the jury’s vote and protect a person’s rights to compensation. In order to prove their defendant’s fault, a victim must prove 4 specific elements:

It must be proven that the defendant made a statement that was false and defamatory to the plaintiff.

It must be proven that the defendant made the defamatory publication to a third party.

It must be proven that publishing the communication was an act of negligence on the publisher’s behalf.

In some cases, the plaintiff must prove special damages. They must show how the defamatory statement or publication caused harm to their reputation and/or well-being.

Indianapolis Personal Injury Lawyers

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

It is important to discuss your concerns about any serious harm you’ve experienced as a result of another’s negligence with a seasoned personal injury lawyer who can help you understand your case. Just call the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation. Accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience, and look forward to helping you with your claim. Call 317-881-2700 to get started today.

The Legal Concepts Surrounding Libel, Slander, and Defamation of Character

Defamation Lawyer 317-881-2700

Defamation Lawyers 317-881-2700

When someone’s words, whether written or spoken, causes harm to another person’s reputation or source of revenue, it is a civil wrong referred to as defamation. This area of the law provides relief for those victimized by defamatory statements, which can be recovered with the help of a personal injury lawyer. There are infinite examples of how a person can defame another person, but all defamation of character examples will fall under one of two categories, or sometimes even both.

The categories of defamation are libel and slander. Continue reading to learn the difference between libel and slander, and what you need to prove to win a defamation of character injury lawsuit.


Libel is a term used to describe written defamatory statements. With the innovative advancements in communication and technology, there are many ways a person can commit this civil wrongdoing in today’s society. It is possible for a person to write something derogatory or defamatory about someone else in letters, email, blog posts, social media posts, chatrooms, online forums, books, magazine publications, newspapers, flyers, posters, comments to online posts, and much more. And anyone who does make libelous statements about another person can be sued for defamation of character. An example of libel would be writing a rumor-based blog post about someone, accusing them of illegal misconduct that was untrue.


Personal Injury Lawyers Indiana 317-881-2700

Personal Injury Lawyers Indiana 317-881-2700

In contrast to libel, slander refers to spoken defamatory statements. Verbalized defamatory statements to any third party other than the verbalizer and the victim are considered slander. Because it is so easy to talk, slander can be easily committed. And if victims can prove that a person’s slanderous statements caused their reputation or source of income harm, they can recover remedies under civil law.

For instance, if a professional athlete’s ex-manager spreads false rumors of him using illegal supplements among his group of teammates and coaches, and as a result he loses certain endorsements and forced to go through an investigation in the public eye, it would be considered slanderous.

Proving Defamation

Having an opinion is not defamation. A person can “qualify” their statements by saying, “I think” or “In my opinion”, thus protecting them from accusations of defamation. For instance, if a student writes a comment on a blog post about a teacher at their school saying, “I think Mrs. Rogers is having an affair with the Vice Principle”, this would not be considered defamatory. A defamatory statement must be a statement of fact. So in this same example, the student’s statement would be defamatory if it said, “Mrs. Rogers is having an affair with the Vice Principle.” It is important to hire an experienced Indianapolis personal injury lawyer if you believe you or someone you love has been victimized by defamation of character wrongdoings. They have the knowledge, experience, and determination to recover the full and fair relief you deserve as a victim of slander or libel.

Indianapolis Personal Injury Attorneys

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a defamation of character claim in Indianapolis, Indiana. Our seasoned personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek stop at nothing to ensure your family finds relief after suffering damages from slander or libel. We offer free initial consultations, so there is absolutely no out-of-pocket obligation to discuss your incident and options. And we never collect attorney fees unless we prevail for you! Call 317-881-2700 to set up your free consultation, and speak with Indianapolis
personal injury attorneys
you can trust.