Are you a victim of a "defamation of character"? Maybe you are but you do not know this phrase. Well, it is time for you to know and if you are, you must know the actions you must to do against someone who defame even once your character. It is time to sure for defamation of character.
But what is a defamation of character? Basically, it is any falsie written or spoken accusations to someone or to a company's reputation. Written accusation is called libel while spoken accusation is slander. Not all defamation of character is malicious and defaming. You need to know when it is malicious and defaming and when it is not. Remember that by law, it will only be considered defaming and malicious if false and malicious statements are made to an identifiable organization or group of people.
Like for example, the statement, "All salesmen are immoral!" can be malicious and inflammatory towards all salesmen but cannot be considered defaming because the statement is not directed to a particular person or company. Likewise, you may think that insults and labels can be considered character defamation but these are only considered as strong emotional outbursts to show great despise. Also, an opinion is not defaming if it's clear from the start that it's not a fact that is being forced but only one's opinion.
So are you a victim of character defamation? Are you quite sure that the malicious and false statements thrown at you are really specifically for you? Are you particularly identified? Then, you are a victim of defamation and you have the right to sue for both disciplinary and actual charges.
- First you need to understand that you must clearly show that there was really a false statement of fact that this statement was given to a third party. Specifically, this statement is about you and tends to harm your character.
- Then you need to recognize that "truth" is an absolute defense to a defamation action. Remember that a privileged statement made in the court is also secured. Importantly, innocent spreading and consent to the statement being made are also good defenses.
- Third you gather information first before you sue for defamation of character. You need to make your claim strong by gathering all the copies of all evidence, papers or documents and by making a list of all witnesses who may be able to corroborate on your behalf.
- Next you seek advice from an attorney who has long experienced in handling defamation of character issues. You need to trust your legal counsel and never hold back information from him especially if it concerns your claim to sue for defamation of character.
- Finally you file a complaint in a state court to courageously identify the person who had made the defamatory statement and to lay out the reliable evidences of your claim. Do not forget to ask for actual and disciplinary damages.
To end this article, you have to remember that all defamation of character cases is subject to win if credible and reliable evidences are shown and established, and if definite damages are evaluated.