4 Primary Factors to Establish a Case for Defamation

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

As children, we are taught that if we have nothing nice to say, we should not say anything at all. But in a world where so many people have access to technologies like phones, computers, cameras, and more, it has never been easier to express one’s views behind the safety of a screen. However, could there be more consequences to harmful words than just insulting someone? Well according to tort law, it is possible that a person can face legal ramifications for not being very nice. Continue reading to learn how and why.

Libel and Slander

Defamatory publications are those that are likely to injure a person’s reputation by diminishing their esteem, respect, good will, or confidence; and in turn, may also deter others from wanting to associate or deal with that person. Libel and slander are two of the most common types of defamation. Libel deals with written defamation, such as newspaper, online postings, articles, blogs, graffiti, and more. Slander involves oral defamation, such as public statements, rumors, videos, and more. Both types can come with some legal consequences.

Common Damages and Losses

When a person is “defamed” by another person, entity, or organization, there are consequences suffered as a result. This person can be scorned, ridiculed, hated, and shamed within their community because of a false accusation or statement about them. In more serious cases, slander situations can be on an even larger scale than just their community, especially if they are famous or well-known in the public eye. In other cases, slander can cause many losses, such as child custody, employment, friends, and family support.

If a person, organization, or other entity commits libel against a falsely accused person, it can result in a lawsuit, and more than likely not end in favor of the slanderer. Defamation is recognized under Tort Law. If you believe you are a victim of defamatory publications or statements, contact an experienced Indianapolis personal injury lawyer for professional guidance. You could be entitled to compensation for your damages and losses that resulted from the defamation.

Establishing a Defamation Case

The framers of the Indiana Constitution placed a great deal of value on a person’s reputation, stating, “All courts shall be open; and every person, for injury done to him in his person, property, or reputation, shall have remedy by due course of law.” Here in Indiana, to establish a case for defamation, a plaintiff must first assert that the statement was false, followed by demonstration of the following factors:

A COMMUNICATION WITH A DEFAMATORY IMPUTATION

MALICE

PUBLICATION

DAMAGES

Contact Our Indianapolis Personal Injury Lawyers Today

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, & Blazek P.C. at 317-881-2700 if you believe you have a defamation claim in Indiana. Our seasoned Indianapolis personal injury lawyers are ready, willing and able to recover the full and fair compensation you deserve. Not only do we offer free consultations, we never collect lawyer fees unless we recover a settlement for you. Call today to get started.

Defining Defamation of Character

The term “Defamation of character” describes a situation in which a false statement or accusation is mentioned or written as fact about a person, and subsequently causes suffering and damage to that persons reputation. Defamation is also referred to as “slander” or “libel”, and is recognized under Tort Law.

General Damages

Personal Injury Lawyers Indiana 317-881-2700

Personal Injury Lawyers Indiana 317-881-2700

When a persons’ name is “defamed” by another person, entity, or organization, there are consequences suffered as a result. This person can be scorned, ridiculed, hated, and shamed within their community because of a false accusation or statement about them. In more serious occurrences, slander situations can be on an even larger scale than just their community, especially if they are famous or well-known in the public eye.

In other cases, slander can cause many losses, such as child custody, employment, friends, and family support. If a person, organization, or other entity commits libel against a falsely accused person, it can result in a lawsuit, and more than likely not end in favor of the slanderer.

Legal Terms Concerning Defamation Law

There is terminology associated with defamation law, slander, and libel. These terms are important to be familiar with if ever involved in a defamation case. Knowing and understanding the facts surrounding a defamation case is crucial, and knowing these terms and phrases can help a person accomplish just that.

Oral Defamatory Statements

This occurs when a person, entity, or organization spreads a false statement or accusation vocally. This is an example of slander. Speaking these false statements and saying them out loud publically can come with consequences because it is categorized under defamation of character. In order to be recognized as actual slander, the person must have proof that it was said as fact, rather than opinion by the accuser. Oral defamatory cases are harder to prove because of these conditions and more. Sometimes slander cases are easier proven when malice is involved by the accusing party.

Malice

Malice can be described as intentional and hostile impulses of “meanness” or a desire to inflict suffering or harm on another person. If an entity, organization, or person commits any type of malice that can be proven, it can be a potential defamation case.

Defamation Per Se

“Defamation per se” are cases where there is so much obvious malice and harm to a reputation, that proof of intent is not required in order to pursue a defamation lawsuit against the accusing party. Accusing someone of having a contagious disease or committing an immoral crime (i.e. sex crimes, animal crimes, child crimes), is grounds for a defamation per se case.

Defamation Per Quod

“Defamation per quod” is the exact opposite of “defamation per se”. This is when malice and intent is not obvious at all, and proof is required to carry out a defamation lawsuit successfully.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for defamation of character claims and lawsuits in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned personal injury lawyers with extensive trial and litigation experience. Our law firm provides free initial consultations to discuss your legal claims, and never collects attorney fees unless they recover compensation for you. Call 317-881-2700 and schedule an appointment with a licensed personal injury lawyer in Indianapolis today.