Is Libel or Slander Personal Injury?

In the United States, according to the legal definition, both libel and slander could fall under the personal injury category which is actionable under federal and state laws. Under the law, libel and slander are both considered offenses constituting character defamation. Slander is understood to be short-term defamation, essentially the spoken word, but sign language and gestures could also be slanderous. Libel is character defamation through the written word but could also include depictions, DVDs, etc.

What has to be Proved

The plaintiff, in a personal injury case for defamation or libel, has to prove primarily that thepersonal injurycaused was offensive, insulting, and injurious to one's reputation. In addition, there are a few other conditions which are required to be satisfied in which a personal injury lawyer could offer advice to you about.

Difficult to Prove

Since the freedom of speech is guaranteed under the first amendment of the constitution, it sometimes becomes difficult for plaintiffs to prove that actual damages were committed. This is particularly so where the plaintiff is a celebrity such as a famous politician, film star, or celebrated athlete, where the burden of proof is significantly higher.

Key Difference

Depending on the status of the plaintiff, different standards of fault are applicable. If the plaintiff is a celebrity,they would be required to prove that the defamation included malicious intent and that the defendant knowingly committed the offense fully aware that it was untrue and liable to harm the plaintiff's reputation. A person less in the public eye would merely have to prove that the defendant was negligent or careless under the circumstances.

An Opinion

There are numerous defenses used by defendants in cases of defamation and libel. Some of the obvious ones are:

That the defendant is able to prove that the defamatory/libelous statements are in fact true That they were an opinion and not a statement That the said statements were privileged where the reason for communicating them overshadowed the defendant's interest in protecting his/her reputation

Professional Legal Support

Your personal injury attorney will advise you about whether or not these offenses will be legally tenable in this particular case.

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