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Any dishonest and fictitious allegation that is presented as authentic, harming the credibility and honor of a person, product or any entity is termed as defamation. There are two broad categories in which defamation can be divided:-
Speaking against someone's character and thereby defaming him is termed as slander whereas, spoiling someone's reputation by writing against him in a written medium is termed as libel. The law of defamation shields people from such harmful attacks on their character and goodwill.
A defamation lawsuit can be filed by a person, company, government or any entity who has been falsely disreputed in word or print causing harm to character or goodwill.
Defamation per se are serious charges that critically harm someone's reputation. A defamation lawyer can file defamation per se charges against someone if:-
• False accusations of sexual misconduct are made against the plaintiff.
• False accusations of criminal behavior are made on the plaintiff.
• False accusations that a person has sexually transmitted disease.
• False accusations on person's professional character.
• False accusations that an unmarried person is illicit or adulterous.
In a defamation lawsuit, it is mandatory for a defamation lawyer to implant that the plaintiff was damaged by the defendant's slanderous statements and hence, proof of the damage in the court should be given. In most jurisdictions, defamation law is governed by state statutes and common law.
The damage claims in a defamation lawsuit depend on whether the plaintiff is a public or private figure. But, in general if one has been defamed, claims by the defamation lawyer can be made on the following grounds:-
• Compensatory claim for the financial harm done.
• Damage claims for the mental anguish caused.
• Damage claims for the undue contempt and hatred grounded because of false claims.
• Award damages are given in case of defamation per se cases.
• Punitive damages given to the offender for behaving in an illicit fashion and deterring other people from doing the same.
A defamation lawyer's claims can be proven false, on the following defenses:-
• Truth is an absolute defense. If it is established that "defamation" is not fabricated it acts like the perfect defense.
• The second most important defense is "Previlige".There are certain professions which are considered to have people who are more credible such as doctors, psychiatrists, lawyers.
• The defense of "opinion" is also regarded in most jurisdictions. If a statement is made by a third party which is contrary to the fact, it sets the jury thinking again.
The fee charged by defamation lawyers is, usually, on contingency basis like other personal injury lawyers.
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