Defamation, also known as slander, is when someone speaks words or writes statements that negatively impact the reputation of another individual. Proving defamation can be difficult; however, many cases have been won where a person receives compensation for emotional damage and distress.
According to NOLO, if the person that was defamed was a private person, the individual who made the statement can be held liable if the following occurred:
- They knew the statement was untrue.
- They acted in reckless disregard for the truth and falsity of the statement.
- They were negligent by failing to determine whether the statement was true or false before they made the statement.
If the person defamed was a public figure, “the person making the defamatory statement can only be held liable for defamation if he/she knew that the statement was false or if he/she acted with reckless disregard as to the truth or falsity of the statement.”
There are many remedies and actions that occur when a plaintiff wins a personal injury case. Sometimes, there may be monetary awards. Also, a retraction of the statement may be required as well as a republication of a true statement.
Defamation/slander can be very difficult to prove due to the fact that many actions are protected under the freedom of speech amendment. It’s recommended you consult with a personal injury attorney to determine if there is enough evidence to support a defamation personal injury case.