Libel, Slander & Defamation Lawyer on Hilton Head Island, SC
Defamation of character, the publication of false statements against a person can cause injury to a person’s reputation or character. This can occur in several ways such as when the statement is established in writing, in an oral fashion, or by electronic media. Deliberate factual falsifications, not opinions, are judged to be libelous and slanderous and both are protected by state laws.
Libel.
Libel concerns a false written statement that that causes damage to your reputation. Receiving a settlement or verdict when someone writes or prints a false statement about you depends on proving the written false statement was:
- Defamatory and damaged your reputation
- Distributed to at least one other person
- Expressly written about you
- The objective was to injure you
For most people, in order to successfully pursue a libel case, you must prove that the person who defamed you acted negligently in making the statement. The situation changes slightly if you are a public official, celebrity, politician or an otherwise well-known person. In a case such as this you must prove actual malice meaning that the person who defamed you knew the statement made was false and recklessly ignored whether it was a false statement or not.
Slander.
Slander is a false oral statement about a person which harms the person's reputation or standing in the community. It is not necessary to prove actual harm to your reputation to collect damages for slander if someone says something about you that:
- Influences your business, profession or trade
- Leads one to believe you committed a crime
- Leads to believe you have a disease
- Suggests that you are an adulterer
What to do if you have a libel, slander or defamation claim.
If you've been libeled by a newspaper, magazine or via the television, initially you should demand they make a retraction. This is the first step necessary in order to collect appropriate compensation in court.
Furthermore, if the defamatory statement is of a continuing nature, you should write a “cease and desist” letter which demands that the defamation be discontinued immediately.
It is encouraged to maintain a log of when and where slanderous statements have occurred, and what was said. Be sure to include names and phone numbers of those who have witnessed the verbal statements.
Defenses To Defamation
Defending against a defamation claim, you may be able to escape the lawsuit by proving:
- The statements you made were true
- What you said was an opinion
- Your statements were privileged and were greater than the defamed person's interest in protecting their reputation (this generally applies to reporters who cover government activities, statements made in court papers, statements of witnesses participating in court, and statements made by lawyers and judges in the context of a judicial proceeding)
Consider hiring an attorney.
If you believe you have been defamed, it is possible to receive a monetary judgment from a jury, as well as punitive damages. Punitive damages include monetary awards granted with the intention of punishing the person who defamed you for particularly unscrupulous behavior. Contacting an attorney from Kiker Law Firm encompass the familiarity with defamation law to assist you in winning your case. Libel, slander and defamation cases must be filed within mandatory time limits and the procedures can be difficult. If it matters to you, it matters to Kiker Law Firm.
Dedicated to the Client
Defamation, libel and slander cases are a highly technical and specialized field. The attorneys at Kiker Law Firm have extensive experience in pursuing these cases. We understand what you're up against and also know that many damages do not appear serious at first but that they may, in fact, plague someone for life. Our staff can aggressively pursue full compensation for all your injuries – including present and future.
We offer a free consultation and evaluation of your case. Simply complete a free consultation form online or call us at 843-842-7200. We'd be happy to meet with you and help you make an informed decision regarding your accident and injury claim.
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