If someone has made untrue statements about you, you may be able to file a defamation lawsuit to recover compensation for the harm you’ve suffered. Attorneys who specialize in this area of the law can help you in the wake of a harmful, false statement of fact. Learn more about the defamation lawsuit process, the evidence needed to file one, and factors that affect settlement amounts.
Fact-Checked and Legally Reviewed by: Rae Theodore
Last updated: Aug 27, 2024
A defamation lawsuit is a type of civil lawsuit that allows a person to sue someone for knowingly making harmful and untrue statements about them. A defamation lawsuit is also called a defamation of character lawsuit.
If the lawsuit is successful, the person who has been defamed will receive compensation from the person who made the defamatory comments (the defendant).
In a defamation lawsuit, most states require you to prove the following:
Defamation is a false statement or false claim that causes financial and/or reputational harm to another person.
Although defamation is not considered a crime in most states, it is a tort (a civil wrong).
There are 2 types of defamation:
Each state varies in its definition of defamation and potential damages. Some states only award actual damages — like emotional distress, lost wages, or public humiliation — and not punitive damages, which are meant to punish a defendant for their conduct.
Here are some defamation lawsuit examples:
State defamation laws try to balance one person’s First Amendment free-speech rights with another person’s right to protect their name and reputation.
What differentiates defamation, which is a form of personal injury, from a statement that is simply hurtful? Many people may feel hurt or harmed by a written or spoken statement, yet may not be able to sue the person who made the statement unless they can prove actual malice.
For example, public officials and other public figures cannot win libel cases at all unless they can prove actual malice.
Did you know?The term comes from the U.S. Supreme Court’s landmark ruling in the New York Times Co. v. Sullivan in 1964. The court’s ruling said a police chief must show that false statements about him were said with “actual malice.”
The Sullivan court defined actual malice as a defamatory statement said “with knowledge that it was false or with reckless disregard of whether it was false or not.”
You may be able to file a character defamation lawsuit if you believe your reputation and/or finances have been damaged by an untrue statement.
In addition to recovering damages for the pain and suffering you’ve endured, a lawsuit could help you pursue justice by publicly restoring damage to your reputation and deterring the defendant from defaming someone else in the future.
Like other types of lawsuits, you will need sufficient and relevant evidence to prove your case. You may need to collect direct evidence and circumstantial evidence for a defamation lawsuit.
Direct evidence identifies a fact regarding the case. An example of direct evidence is a witness testifying that they read the defamatory statement on Twitter.
You can obtain direct evidence from:
Tip: Make sure you save any documentary evidence, especially if it can be deleted. It’s possible that the person who posted the defamatory statement online will delete the content to avoid any repercussions.
Circumstantial evidence is indirect evidence that a court can look at and draw conclusions from. It is the most common type of evidence.
For example, if the defendant had a cat named Max, and the defamatory statement was published by a Twitter user called @ILoveMax, you may be able to use this circumstantial evidence in court to show that the defendant published the defamatory statement.
Did you know?An apology or retraction from the defendant does not prevent you from suing for defamation. However, it may limit the damages you are awarded.
If you are interested in filing a defamation lawsuit, these are the basic steps.
It’s a good idea to speak with an experienced defamation lawyer or law firm to see if you have a valid case. If you are eligible to file a defamation lawsuit, your legal team can collect evidence, interview witnesses, perform legal research, and find experts for your case.
Your lawyer can file a complaint in your state’s civil court system within the statute of limitations (deadline for taking legal action). The complaint is the legal document that starts the lawsuit. The defendant will have a short period to file an answer to your complaint.
During a process called discovery, your legal team and the defendant’s legal team will exchange information about the case.
You may exchange information in the following forms:
Once both sides have a better understanding of the case, they may decide to settle the defamation lawsuit.
Most defamation suits settle out of court to save money, avoid uncertainty, reduce stress and anxiety, and keep the case out of the public eye.
If you can’t reach a settlement with the defendant, your attorney can take your defamation lawsuit to trial. Your lawyer and the defendant’s lawyer will each present their side of the case, and a judge and/or jury will enter a verdict. If you win your defamation lawsuit, you will most likely be awarded damages.
A skilled defamation lawyer can be an asset if you’re suing someone for defamation.
Here are some ways a lawyer can help with a defamation lawsuit:
An attorney can also defend against allegations of defamation.
3 commonly used defenses in a defamation lawsuit are:
Defamation lawsuit settlement and verdict amounts vary greatly.
Did you know?A person may be able to prove defamation but not actual harm. In that case, it’s possible that they may receive nominal damage of $1.
In contrast, high-profile defamation lawsuits that play out in court can end with a multimillion-dollar verdict.
For example, the actor Johnny Depp was awarded $10.35 million in a defamation case against the actress Amber Heard over domestic abuse accusations in June 2022. Heard was awarded $2 million in her countersuit.
In another case that made headlines, Fox News reportedly settled a defamation lawsuit filed in Delaware Superior Court for $787.5 million in April 2023. Dominion Voting Systems had sued the news outlet for $1.6 billion after Fox hosts reported that the company’s voting machines had been programmed against Donald Trump in 2020 and resulted in election fraud.
Here are some factors that can affect settlement and verdict amounts:
The cost of getting a lawyer to assist you with a defamation lawsuit depends on several factors, like the complexity of your case and the number of defendants.
It’s important when you work with any lawyer that you understand how much they charge for their services and how they collect fees.
Defamation attorneys may use one of these fee structures:
Yes, it can be difficult to win a defamation case. As part of a defamation lawsuit, you must prove that the defamatory statement damaged your reputation or finances. You may need experts to testify about the harm that you’ve suffered.
However, working with a skilled defamation lawyer can increase your odds of winning your case.
General grounds for a defamation lawsuit are:
You should file a defamation lawsuit as soon as possible. If you wait too long, you may miss your state’s filing deadline. In most states, you have 1 or 2 years to file a defamation lawsuit.
An experienced defamation lawyer can help you file all of the paperwork quickly and accurately before the statute of limitations expires.
No, you don’t need a lawyer to file a defamation lawsuit. However, by working with a defamation attorney, you’re more likely to be successful.
Defamation lawsuits can be complex. A lawyer has the expertise, experience, and connections to collect evidence to support your case and find experts to prove the psychological effects of defamation.
Fact-Checked and Legally Reviewed by: Rae Theodore
Rae Theodore is a writer and editor with more than 30 years of experience in legal publishing. She earned a bachelor’s degree in English from Pennsylvania State University.
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