Are you going to file a defamation case? Well, before you go ahead, here is some basic knowledge for you. Defamation is considered a wrongful act, where a person makes a false statement of fact, and that affects the reputation of another person.
If the defamatory statement is spoken, it is labeled as “slander,” and in case it is published or posted online, it is called “libel.” The legal remedy of the harm caused by defamation often requires filing a civil lawsuit in courts, of course, after taking advice from defamation lawyer NYC.
5 Easy Steps To File A Defamation Lawsuit
In case you are determined to file a defamation lawsuit with the assistance of a Defamation Lawyer NYC, you need to have some basic idea about the steps that you need to look after. Here are the 5 easy steps to file a defamation lawsuit.
1. Get A Valid Claim Of Defamation
The first step of filing a defamation lawsuit is to determine whether you actually have a valid claim to file a case. And the best way to do so is by going through the elements of defamation definition. It also can be different for different states.
But in general, the following are the elements, which are must in order to establish liability of the speaker, poster, or publisher.
- Instead of an opinion, the statement has to be offered as a fact.
- Other than the person making a claim, at least one-third party must have read it or heard it.
- The statement has to be false.
- The statement has to injure the reputation of the same person being defamed.
- The statement must not be subject to any type of privilege, which might shield the publisher, or the speaker, or the poster from liability.
2. Calculating Your Damages In A Defamation Case
In a defamation case, there are usually three types of potential damages. And they are here.
- Assume damages.
- Actual damages.
- Punitive damages.
In case the actual damages can not be established, the court assumes the damages that the plaintiff has suffered. It can be a nominal amount. Actual damages are those that are provable, compensable as the plaintiff has suffered or still suffering with respect to her or his occupation or profession, trade, business, property, along with any kind of fee the plaintiff has to pay as a result of the defamation.
3. Gather Evidence Of Defamation
Now is the time to gather all the evidence with the help of a Defamation Lawyer in NYC for filing a defamation lawsuit. This includes the proof that the defendant has made the defamatory sentence along with the damages that you have suffered or still suffering.
In case the defamatory statement was made online, print copies of websites that you do not have any control over or emails. Do not forget to compile the list of witnesses as well.
You may go through: 5 Ways You Can Prove Fault In A Premises Liability Lawsuit
4. Consult With An Attorney
A defamation lawsuit often includes complex legal issues. So, when you are thinking of filing a case, you need to consult with a Defamation Lawyer in NYC before filing the case. A professional will be able to offer you valuable advice and also guide you properly.
When we are talking about filing a defamation lawsuit, the professionals typically charge on a contingency fee basis. It means, when you win the case and get the compensation, they will take a certain percentage of it.
5. Filing The Lawsuit In Court
Now comes the final part; when you have all the evidence, the list of damages you have suffered, and also an excellent attorney, it is time to file the defamation lawsuit. Your job is not done here yet. You and your lawyer need to develop effective strategies together.
You will always have an option of early settlement, but often it is necessary to take the matter to court.
The Bottom Line
So, these are the 5 steps that you need to follow for filing a defamation lawsuit. So, you need to make sure that it was actually a defamation statement, then gather all the possible evidence. Also do not forget to choose the best type of lawyer, so that you can get the proper compensation.