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Home / Personal Injury / Is Defamation Considered Personal Injury?

Is Defamation Considered Personal Injury?

May 29, 2017

defamation in personal injury law

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.

Filed Under: Personal Injury Tagged With: personal injury attorneys

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