Libel vs Slander: Key Components of a Defamation Lawsuit

Defamation Law

Understanding Libel and Slander

Libel and slander are two forms of defamatory statements. While libel refers to written defamation, slander pertains to spoken defamation. Both types involve false statements that can cause injury or damage to a person's reputation. For a statement to qualify for a defamation lawsuit, it must be communicated or published negligently or intentionally to a third party.

What Constitutes a Defamatory Statement?

Defamatory statements are not opinions; they are false statements of fact. Everyone has the right to express opinions, but those cannot be deemed defamatory. A statement qualifies as defamatory if it subjects the individual to:

• Scorn

• Hatred

• Ridicule

• Disgrace

• Contempt

For instance, saying, "Leah is a poor worker" is an opinion and not actionable as slander. However, claiming, "Leah stole $10,000 from our company" is a factual statement. If this claim is untrue and causes Leah harm, it could result in a defamation lawsuit.

To qualify as defamatory, the statement must be made to a third party. For example, Leah could have a claim for libel if someone falsely stated the latter in an email to her boss.

Private vs. Public Figures

The standard for holding someone liable for defamation differs depending on whether the person defamed is a private or public figure:

• For Private Figures: The person making the statement is liable if:

  • They knew the statement was defamatory.

  • They acted with disregard for the truth.

  • They failed to verify the truth of the statement.

• For Public Figures: The statement maker is liable only if:

  • They knew the statement was false.

  • They acted with disregard for the truth.

Available Damages

Victims of defamation can seek damages for various injuries, including:

• Lost wages

• Reduced earning capacity

• Pain and suffering

• Damage to reputation

• Loss of community standing

• Humiliation and disgrace

How Montiel Hodge Can Help

At Montiel Hodge, we leverage our expertise to assist you, whether you are a plaintiff or defendant in a defamation case. If you’ve been defamed or face a defamation lawsuit, contact us today for guidance and support.