Few things are worse than having falsehoods published or said about you. Though journalists and other professional writers are responsible for printing accurate, non-defamatory material, they sometimes fall short of this standard. And sometimes, your competitors step over the line in describing you or your business. If you believe you are a victim of defamation, contact a skilled Atlanta tort lawyer from AB Law for assistance today.

How is Defamation Defined?

Defamation is a false and malicious statement about another person that is communicated to a third party and causes harm to the person’s reputation. In Georgia, there are two types. Libel is a form of defamation that involves the written or published communication of a false statement that injures someone’s reputation. Slander, on the other hand, refers to spoken defamation.

It’s crucial to note that the truth of a statement is an absolute defense to a defamation claim, meaning that if the at-issue statement is true, it cannot be considered defamatory.

The Standard for Proving Defamation

Proving defamation can be complex due to the legal intricacies of the claim, but a skilled attorney can help guide you through the process. Here are the basic elements that must be established:

Statement

The defamatory statement must be communicated to someone other than the person defamed. This includes a statement to a third person for slander or a printed statement in traditional print media, online publications, social media, etc. for libel.

Falsity

The statement must be false. True statements, no matter how damaging, are not considered defamatory.

Defamatory Nature

The statement must be defamatory, meaning it must damage the plaintiff’s reputation by subjecting them to public contempt, ridicule, or scorn.

Identification

The statement must be about the plaintiff and be identifiable to them. It must be clear that the defamatory remarks are directed at the plaintiff.

Fault

The degree of fault varies depending on the plaintiff’s status. Public figures must prove actual malice, meaning the statement was made with knowledge of its falsity or with reckless disregard for the truth. Private individuals must show negligence, meaning the publisher failed to exercise reasonable care.

Harm

The plaintiff must demonstrate that the defamatory statement caused actual harm, such as loss of reputation, emotional distress, or financial losses.

Recoverable Compensation

If a defamation claim is successful, the plaintiff may be entitled to various forms of compensation, including:

Actual Damages

These cover the real and quantifiable losses suffered as a result of the defamation, such as lost wages, medical expenses for emotional distress, and costs incurred to repair one’s reputation.

General Damages

These compensate for non-monetary harm, including pain and suffering, emotional distress, and loss of reputation. The amount is determined based on the severity of the defamation’s impact on the plaintiff’s life.

Punitive Damages

In cases where the defendant’s actions were particularly egregious or malicious, the court may award punitive damages. These are intended to punish the wrongdoer and deter similar conduct in the future

Nominal Damages

Even if the plaintiff cannot prove actual harm, they may still receive a small amount of compensation to recognize that defamation occurred.

Legal Fees

In some cases, the court may order the defendant to pay the plaintiff’s attorney fees and other legal costs associated with the defamation claim.

Statute of Limitation for Defamation Claims

The statute of limitations for defamation claims varies from state to state, but in Georgia, it is generally one year. This means that defamation victims will have one year from the date the defamatory statement was published or uttered to file a lawsuit. The sooner you file your claim the better.

Contact a Defamation Lawyer Today

AB Law understands just how infuriating, and, potentially, humiliating it is to be made a victim of defamation. AB Law has extensive experience representing clients pursuing and defending defamation claims. Contact AB Law today to get started.

Atlanta Defamation Lawyer

How is Defamation Defined?

The Standard for Proving Defamation

Recoverable Compensation

Statute of Limitation for Defamation Claims

Contact a Defamation Lawyer Today