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Is Defamation a Personal Injury? Here’s What You Need to Know

Cranwell & Moore P.L.C. Feb. 14, 2023

Victims of defamation may be able to file a personal injury lawsuit. This article explores defamation as personal injury.

It’s easy to recognize when physical injuries occur. Proving social and emotional damages can be much harder. If you have been the victim of a personal injury due to defamation, however, you might realize that these wounds can be both widespread and long-lasting. A personal injury attorney can help during instances of defamation. It’s important to remember that no matter what type of defamation you are facing, you have legal rights designed to protect you, your character, and your business. If you are interested in pursuing a defamation of character suit, it’s important to meet with an attorney as soon as possible. Here’s what you need to know.

It Matters Where the Defamation Occurred

Understand that in order for the defamation to be consider legal defamation or slander covered by personal injury laws and policies, it needs to be publicly stated. For example, it’s not enough for someone to tell you that your bakery is a terrible place or that they don’t like your photography services. Instead, the defamation must have occurred on some sort of public platform, whether it be social media, a news report, or some other type of public space. If you have a copy of the post, review, or claim made by the person slandering you, make sure you save this, as your attorney will need to see as much evidence as possible to build a defamation case.

It Matters if It Was True

One of the most important things to ask yourself is whether the claims made against you, your company, or your services are true. For example, if someone claims that your business didn’t provide services they paid for, and this is, in fact, accurate, you may not be able to file a defamation lawsuit. Whether the statements made by the other party are true or not is vital when it comes to building a case. Many victims of personal injury defamation suits wonder why this is important; however, keep in mind that when you go to court, a judge may rule that a true statement is not defamation. Make sure you understand exactly what the statement was and whether or not it was true.

It Matters if You Have Proof

If the statements made against you were not true, make sure you have as much proof as possible to back up your claim. For example, if someone defames your personal company and claims that you did not deliver the services they paid for, show receipts, pictures, or proof of delivery. There are many different types of evidence you can present to show that the claims are not true, but it is important that you share as much information as possible with your attorney as they build your case.

You don’t have to face a defamation alone. Reach out to an attorney as soon as possible who can help you with your defamation personal injury case.