As defamation/personal injury lawyers, we see a lot more defamation cases these days than we used to. This, of course, is what you’d expect in the Age of the Internet. Unfortunately.
At Marathon Law, our defamation lawyers are ready to fight for you and help you claim maximum compensation for defamatory statements made against you. An untrue statement that is malicious in nature can ruin your character, career, public standing in society, and reputation. Today, in the world of the internet and anonymity, it can become hard to identify who has defamed you. We can provide you with a case review to give you a better idea of how to proceed with your civil lawsuit. We can also review with you our suite of services.
For nearly 10 years, we have been serving communities across Colorado, including but not limited to Denver, Colorado Springs, Aurora, Boulder, Jefferson County, and Fort Collins. Our lawyers will assist you with obtaining maximum damages.
Can you sue for libel and slander?
Defamation is an untrue statement made by a person or entity to a third party, which can become civil grounds for recovering damages. False statements made by another person or organization can cause damage to your reputation. You, as the aggrieved person, can sue the maker of such false accusations and can recover by way of making claims for damages. Defamation can be broadly categorized into two types.
Slander means defaming someone with your speech, i.e. words spoken which are untrue. Words can be spoken anywhere to anyone. An experienced defamation lawyer will know how to locate the source of defamation. Defamation attorneys know how to deal with different laws and get maximum compensation for their clients.
Libel is defaming someone by publication of a statement that is in written form. But it could be written anywhere, including on the internet. With easy access of publication through the internet, anybody can publish anything anywhere. Published proof can be easy to produce when called for. Gone are the days where only newspaper publishing counted as publishing. Now with the internet, publishing can occur on all kinds of different social media platforms. Contact a defamation lawyer/law firm in your city to represent your case.
While there is the First Amendment guarantees freedom of speech in the U.S, people typically can’t be taken to court for saying how they feel. However, the First Amendment cannot be used for defamation of character, reputation, career and public standing by way of libel and slander.
The statute of limitations in Colorado is one year from when the defamatory statement was spoken/published or one year from when the plaintiff found out about the defamatory remark using reasonable diligence to protect his reputation.
Types of Defamation
1) Internet Defamation
Accusations made on the internet by way of libel or slander can seriously harm the character/life of an individual. Taking down the offensive remarks and identifying the publisher can prove a big challenge for even a law firm. Character damage on the internet can give rise to huge claims. A timely phone call with your attorney can save you from prolonged defamation.
2) Revenge Porn
Although revenge porn technically is not defamation, it is a form of harm that can damage a person’s reputation and cause damages. People in close and intimate relationships with each other commit revenge porn by posting naked, intimate photos and videos, often on the internet, when the relationship goes astray. Removing obscene content quickly from an internet site can pose a real challenge. Claims of damages can also be substantial, depending on the case.
3) Trade Libel or Slander
In the business context, false and derogatory statements that target a business or its goods and services are also against the law and can give rise to causes of action for business libel or slander. You don’t want to lose potential clients due to this. Businesses can recover costs, compensatory damages and punitive damages for trade libel or slander in a suit. the statute of limitations in Colorado is two years for trade libel or slander. Contact the office of a defamation attorney to know your legal rights.
4) Employer-employee defamation
In many instances, either the employer will defame the employee using libel or slander or vice versa. This might lead to an employee not getting another job in any other office or an employer not being able to sell their product/service in the market due to the business having a bad reputation. A professional defamation lawyer/law firm knows that a remark that is untrue can be actionable.
Proving your defamation case
Although state laws related to defamation cases vary from state to state, some general principles apply in cases of defamation that are common to almost every case. Defamation is more than mere offensive or insulting remarks. The defamation should be in accordance with the law. Defamation lawyers know how to get maximum compensation for the damage caused to your reputation.
The statement that is false and derogatory must be published in verbal or written forms to initiate an action for defamation. A published statement means that a third party saw or heard the defamatory statement. For example, with libel, the statement was printed in a book, magazine, newspaper or on the internet. With slander, the statement could have been made in radio, speeches, television, news, social media, or even a loud conversation.
2) False statement
In a defamation case, a derogatory statement needs to be proven as objectively false since true statements are not considered damaging. The statement can be libel, including on the internet, or slander.
3) Personal Injury Must Be Shown
The plaintiff must show that the remarks caused harm to him or her in some way. For example, harm may be related to loss of work due to a false or untrue remark of a previous employer or unnecessary harassment of the Plaintiff by members of society due to a certain defamatory remark. Contact defamation attorneys to get an evaluation of your claims.
4) Not protected by privilege
The false remark made must be unprivileged so as to be called defamation. What this means is that in some circumstances, such as witnesses testifying in court or lawmakers making remarks in the legislative chamber, they are not to be held liable for any statements that would otherwise be defamatory.
Defenses against Defamation
There is no blanket exercise of defamation laws. Each case is different and will be decided on its circumstances and merits. But there are some legal defenses available to the person who has made remarks that could be considered libel or slander:
1) Proving that the statement made is true
2) Proving that no damage has been done
3) Showing that the individual has the consent from the aggrieved party
4) Claiming a privilege
Is it worth suing for defamation?
Maybe. Maybe not. You need to ask a defamation attorney.
Defamation, including libel and slander, can alter one’s life and cause huge losses related to personal reputation and material losses. Libel and slander on numerous internet sites can be especially damaging. Always hire a local lawyer who has a practice in personal injury law in your city or at least your state. Ask about the law firm’s previous clients and what damages they were able to recover for those clients at trial. An attorney-client relationship is confidential.
A defamation case is about searching and collecting evidence to build your case from the ground up. This should give your attorney a legal advantage and enable them to convince a jury. A strong legal case prepared by your attorneys will not only help you to win a lawsuit in court, but it may help to get quick settlements, saving you the costs and attorney fees of litigation.
There are two crucial steps that form an essential part of a defamation lawsuit. First, there is the removal of untrue remarks from wherever they were published (if at all in writing). Secondly, you can claim damages from the person who has made untrue statements about you.
Clear your name with a Colorado Lawyer
Contact a defamation attorney at Marathon Law today. Defamation cases are difficult to prove. The lawyers at Marathon Law can help you to protect against defamatory statements and represent you in a lawsuit by providing you with sound legal advice. A defamation lawyer can help you with getting maximum damages. We at Marathon Law keep all the details of our clients confidential. Please call us at 303-704-1222 to schedule a case review.
A phone call or a meeting with us at our office can help you to evaluate your claims. We have been proudly serving communities in Denver, Aurora, Boulder, Colorado Springs, Jefferson County, and others in the State of Colorado.
2701 Lawrence Street
Denver, Colorado 80205