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Legal Procedure to Know While Suing for Defamation of Character

Defamation, though not a physical assault, can cause immense emotional and psychological discomfort to the victim. This article will tell you how to go about suing someone, if you have been subjected to defamation of character.
Charlie S
Last Updated: Jun 3, 2018
Defamation of character is a serious offense that many people get away with, without ever facing trial. It is the utterance or writing of slanderous statements about another person for malicious purposes. We see examples of defamation all around us, but when it seriously affects the well-being and social standing of the victim, it can be taken to court.
Here are some examples of defamation.
  • If an employer speaks ill about his former employee to a prospective employer of the said employee, which causes the employee to be rejected for the position.
  • Publishing defamatory remarks or statements, which leads to the character assassination of a person.
  • Publicly accusing someone of doing something wrong that he hasn't done.
  • Making incorrect statements to a third party that can affect another person's prospects and reputation.
Taking Legal Action
  • Filing a case of defamation is possible by hiring an attorney or a lawyer who will be representing you in the court.
  • You should let your lawyer know all the important facts and other aspects related to your case right from the beginning till the end.
  • Do not hide any fact from your lawyer as this can affect your own chances of winning the case.
  • After studying the case carefully, he will provide you sound legal advice, and think of ways and strategies of how to put forth your side in the court.
  • Though suing is easy, proving that the statement made against you was false and injurious, in the court and getting the judgment in your favor can be a long and tedious process.
  • Once you believe that you have a strong case, fill out a civil complaint form, and file it with the court along with their fees.
  • Then, you need to ensure that the defendant is served a copy of the complaint so that he or she has an opportunity to respond.
  • Be prepared to present all evidences and recordings in the court, that can prove the deliberate attempt made by the other person in defaming you.
  • Once you win the case, you can also claim compensation in the form of money. On the other hand, if the defendant is able to prove that the statement is actually true, the case can be dismissed.
While most of these cases are settled out of court, it must be noted that the monetary compensation may never do good the psychological damage that has been caused. Going to court can be a way to restore the lost respect and prestige in the society for the victim.