Defining Defamation
In legal terms, defamation is any verbal or written expression that causes harm or damages to a person or entity’s reputation. Being able to prove defamation in your case can be challenging and difficult because it can turn into a “he said, she said” situation, if not assisted properly. Legal experts know how to take on your case or situation by diligently illustrating your position to help build your case. When you begin filing your case, you and your attorney will sit down and review the evidence together to determine how to best proceed in your lawsuit. An important word of advice when filing a defamation case is to always have picture proof of the statements. The more you have, the better, as these can help prove what happened.Florida’s Defamation Law
Due to the state of Florida’s Statute of Limitations, a person or business has two years to file their defamation lawsuit starting from when the first defamatory statement was posted or reported. If more than one statement is made, or if the same one is repeated, the two-year clock will not reset or be extended, but these are more statements that you can add to the case. The more evidence you have of libel or slander, the stronger your case will be. There are exceptions, however, to the two-year timeframe that allows plaintiffs to file their lawsuit. These exceptions can delay the time clock, pause, or extend the time if any of the following scenarios occur:- The person who made the statement (the defendant) is out of the country after the first statement is made.
- The defendant hides or uses a fake identity.
- The person who filed the lawsuit (the plaintiff) is a minor.
- The defendant publishes or says a false statement about the plaintiff (to a third party or not).
- The statement causes injury or damage to the plaintiff.
Types of Defamation Lawsuits
When you file a defamation lawsuit, your lawyer will look at the statement through two possibilities: Libel and Slander. The key is taking these two elements and providing evidence that there was malicious intent behind the words to damage or injure your reputation. Libel refers to any statement that is written and posted, whether it is online, in a media publication, or somewhere else. With social media being prevalent, a statement in the comments section of a post can be libel. Slander is the more difficult to prove since it is a statement spoken verbally and not in a written statement, but that doesn’t mean defamation cases involving slander cannot win. Distinguishing defamation is where your lawyer will spend the first part of their case hard at work. It is important to understand whether you have a legitimate reason to file a defamation lawsuit or if you are only dealing with an opinion. Many people will try to have qualified statements as a part of their defamation lawsuit, but you should know that these will not hold up in court. Qualified statements are when you add a level of uncertainty to what you’re saying. Examples include, “I think that,” “Our goal is to,” “We usually do…” If a person had made a qualifying statement, it likely would not pass as defamation, and the lawsuit will be dismissed.Proving Defamation
To prove defamation, there are four elements the plaintiff needs to have.- A false statement made by the defendant.
- The publication of that statement to a third party (comment section or other media).
- Fault that results in negligence.
- Damages or harm caused to the person the statement was made about (the plaintiff).
