The first amendment of the United States' constitution provides freedom of speech. However, the freedom of speech is not absolute and thus does not extend to the point of allowing defamation. Defamation refers to the offense of destroying a person's good reputation. Thus, people cannot say or print defamatory statements that injure a person or business's reputation. As such, aggrieved persons can sue for defamation and seek legal redress. However, unlike most torts, defamation is not plaintiff-friendly and usually favors the defendant. Thus, plaintiffs claiming to have been defamed should consult an experienced attorney to confirm a cause of action for a defamation charge. Defamation usually impugns people's good reputation and destroys their character, making it a personal injury claim. Thus, people should consult personal injury lawyers when dealing with defamation cases. Below are a few roles of a personal injury lawyer when handling a defamation lawsuit:
Proving defamation is quite difficult because it is considered a limitation on freedom of speech. Courts are hesitant to limit the first amendment unless the plaintiff presents a convincing case. Thus, aggrieved people should consult personal injury lawyers that understand the elements of proving a defamation lawsuit. Moreover, defamation lawsuits usually present plaintiffs with different burdens of proof depending on whether they are private or public figures. On the one hand, private individuals must prove that the defendant made a defamatory statement negligently. On the other hand, public figures must establish that the defendant made the defamatory statement maliciously. Thus, people should hire a personal injury lawyer to establish enough legal basis to pursue a defamation charge.
Usually, people must present evidence before the court to prove their case. Thus, people looking to prove a defamation lawsuit should consult a personal injury lawyer to collect the relevant evidence. The personal injury lawyer knows how to collect testimonial and documentary evidence necessary to establish a defamation claim. This significantly increases the chances of a court siding with the plaintiff because they have relevant and admissible evidence backing their claim. Thus, people should hire personal injury lawyers to collect the evidence necessary to prove the case.
Damages and Compensation
Courts usually grant damages and compensatory awards to plaintiffs that successfully prove their claim. However, plaintiffs must conclusively demonstrate the damages suffered or financial losses incurred from the defendant's defamatory remarks. Personal injury lawyers have experience in defamation lawsuits and thus understand how to lay a basis for compensation. Personal injury attorneys also understand how to quantify non-monetary losses resulting from defamation. Thus, people should hire competent personal injury lawyers to increase their chances of receiving fair compensation.Share