Let’s start with getting the idea about what a defamation lawsuit actually is. It is a type of civil lawsuit where the victim sues a defendant for making a false comment or statement on a person to a third party.
When it comes to online or internet defamation, the statement is published on an online platform or is posted on any of the social media platforms. In this case, the person can file a defamation lawsuit against the party who had made the defamatory statement with the help of a Defamation Lawyer NYC.
Types Of Defamation
Now, as we know what internet defamation is, it is time to check out the different types of defamation. Here is the list of different types of defamation.
- Defamation Per Se.
- Defamation Per Quod.
- Criminal Defamation.
- Workplace Defamation.
Elements To Prove In Defamation Lawsuit
Only filing a lawsuit against the party who has posted a defamatory statement about someone specific is not enough to get your claims for the damages the statement has made. Your Defamation Lawyer NYC has to prove it.
So, here are the elements of a defamation lawsuit, which need to be taken care of while fighting the lawsuit.
- False Statement of Fact.
- Of and Concerning the Plaintiff.
- Communicated to a Third Party.
- Fault Amounting to at Least Negligence.
- The Statement Was Not Privileged.
- Causing Damage to the Plaintiff’s Reputation.
Filing A Defamation Lawsuit
Now, as you have developed a basic idea about the internet and usual defamation lawsuits, it is the main part where we will talk about filing a defamation lawsuit. Throughout the entire process, a Defamation Lawyer NYC will guide you.
1. Determine That You Have A Valid Defamation Claim
The first and foremost thing you have to consider is determining your claim. Here, that is a defamatory statement made on an online platform about you, which is not true at all.
In addition to that, due to that very statement, you have experienced several damages along with immense damage to your public reputation. You also have to ensure that all the elements of a defamation lawsuit are in place.
2. Ensure Where To File
It might seem too easy to think of, but in reality, it is more complex. Yes, you will file the lawsuit at a court with proper jurisdiction, but the question is where.
For example, you live in New York, but the party who has made the statement lives in Ohio, so where will you file the lawsuit? Here is the list of several things that you should consider during this crucial time to make your decision.
- Where you reside or operate.
- Where the defendant resides or operates.
- If applicable, where your customers reside.
- Due to the defamation, where you experienced the damages.
- The amount of money you are claiming to recover the damages.
3. Gather Evidence
Gathering evidence is an obvious thing for any type of lawsuit. But in case of internet or online defamation, the post can be removed at any time. So, here is some evidence that will work for you.
- A screenshot.
- Printout documents.
- Backup emails to any other email accounts.
- Save the entire webpage.
4. Comply With All Defamation Requirements
Apart from making sure that all the defamation elements are in the proper place, in some cases, you might also need to take care of some particular pre-suit requirements.
In some states, the plaintiff has to give notice to the organization or to the individual who is responsible for this. Your Defamation Lawyer NYC will be able to offer you the right information regarding this.
5. Consider Alternative Dispute Resolution Options
Considering an alternative dispute resolution is not at all a bad option. Thankfully for removing the defamatory statement filing a lawsuit is not the only option you have.
Simply contacting the responsible authority might often solve the issue. So, ensure that you have tried all the alternative options before using the entity.
6. File Your Legal Complaint
Now, as you are done with taking care of all the necessary actions and gathering the pieces of evidence as per the elements of defamation, it is time to file the legal complaint.
Always remember that it is not only about winning the case and getting the money. It is also crucial to make your defendant understand why you are suing.
7. Serve The Complaint
Now is the time to serve your complaint in court. Here the actual job of your Defamation Lawyer NYC begins.
In most cases, the plaintiff pleads to the court to eliminate the claiming amount as they have the right to free speech, and the case ends with a conviction of only removing the defamatory statement. So, you have to play smartly here.
Final Talks
An Internet defamation lawsuit is not only about someone making a false statement on the internet but also is more about the damages that statement has caused to you. Along with damaging your public reputation, it can affect both your personal and professional life as well.
Read Also:
