Posts made in August, 2017

Is Slander considered Personal Injury?

»Posted by on Aug 18, 2017 in Personal Injury | 0 comments

Some of the more interesting cases of damage that can be legally compensated are Defamation, Libel, and Slander. These refer to lies or false information that is intentionally spread to harm someone’s reputation. Throughout this article, we will explore the differences between these three concepts, whether or not they are considered personal injury and, finally, the types of compensation that can be awarded to a victim of such crimes.

Defamation refers to any instance of one or more persons unjustly harming the reputation of another. An admissible claim of defamation must prove a few things including that someone published a false statement that caused harm and didn’t fall into a privileged category. An example of a privileged category is someone speaking injuriously while on the stand at a trial. This type of speech is protected as privileged and typically can’t be pursued legally. For a legally defensible claim of defamation, each of the above requirements must be met. What about libel and slander? Defamation is an overarching category that encompasses both libel and slander. The difference between the two is as follows: libel is written and slander is spoken.

If the requirements of defamation are satisfied, a case can definitely be made for personal injury. Interestingly, famous and high profile figures in society have a higher burden of proof to sue for defamation. This is a result from a Supreme Court decision in 1988. Higher profile individual cases must also meet the requirement of “actual malice.” This is intended to protect people that might hastily report false information without actually intending to harm the relevant person. Protections like these help explain how gossip columns and tabloids are able to get away with constantly printing false or exaggerated information about celebrities.

There are many avenues through which someone can be victimized by defamation. If the defamation causes any harm to the plaintiff’s physical or financial well-being or if it significantly damages their reputation or prevents future associations with others, the individual might have a case to sue. Typically, plaintiffs are compensated with the removal of the alleged misinformation from its respective medium (although this is increasingly hard with the advent of the internet) and financial compensation.

If you are accused of libel or slander, there are a few important arguments that you can make to defend yourself. Proving that the information you reported was true is probably the most effective argument. Furthermore, you can be protected if the statement you made was in a privileged circumstance or if you made it to ensure the well-being of yourself, a family member, the Commonwealth, a publisher, or even an unrelated third-party.

If you find yourself victimized by a case of defamation, you should perform your own research and contact an attorney to determine if your case is eligible for representation and/or financial compensation. Sacramento personal injury attorneys can help you sue for defamation in personal injury cases to rightfully compensate you for any damages to your reputation.

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