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The terms libel, slander, and defamation are often confused with each other. They are all similar in that they all fall into the same general area of law that concerns false statements which harm a person’s reputation. This general area of law is called defamation law. Libel and slander are types of defamatory statements. Slander is a defamatory statement that is oral Libel is a defamatory statement that is written.

Historically, the distinction between libel and slander was significant and had important implications regarding how a case was litigated including the elements that had to be proven and who had the burden of proof. Email maryland defamation lawyers for answers to your questions.

At common law, libel and slander were analyzed under different sets of standards, with libel recognized as the more serious wrong. Illinois law evolved, however, and rejected this dual approach in favor of a single set of rules for slander and libel. Libel and slander are now treated alike and the same rules apply to a defamatory statement regardless of whether the statement is written or oral.

The tort of defamation sometimes referred to as defamation of character can be divided into claims involving two distinct types of statements: defamatory per se statements and defamatory per quod statements. Statements that are defamatory per se sometimes referred to generically by courts as libel per se are so naturally and obviously harmful to one’s reputation on their face that proof of injury is not required. Illinois law recognizes five types of statements that are considered defamatory per se:

Imputing that a person committed a crime;

Imputing that a person is infected with a loathsome disease;

Imputing that a person lack ability or otherwise prejudices one in one’s profession;

Imputing that a person has engaged in fornication or adultery.

Importantly, a statement can only be considered defamatory per se if the harmful effect is apparent on the face of the statement itself. If extrinsic facts or additional information about the person being defamed is required to understand the harmful effect of the statement, then it cannot be defamatory per se. That is not to say the statement is not defamatory if extrinsic facts are required; it but it is not defamatory per se. Call maryland defamation attorneys for answers to your questions.

If a defamatory statement does not fall into one of the defamatory per se categories or requires extrinsic facts, then it is considered defamatory per quod. Unlike in cases involving defamation per se, defamation per quod claims require the plaintiff to allege and prove special damages also called special harm by some courts . The term special damages or special harm is a legal term of art in defamation law that means the loss of something with actual economic or pecuniary value. A plaintiff alleging defamation per quod must be able to show specifically how the defamation caused a specific, quantifiable loss of money such as the commission from a lost sale or the salary from a lost job.

Defamation law continues to change and evolve. Defamation attorneys must have extensive knowledge of First Amendment and other aspects of defamation law to prosecute claims for businesses, professionals and individuals who have been defamed. Our attorneys have many years’ experience defending and prosecuting defamation, slander, libel and cyber smear claims. We are knowledgeable regarding the changes and complexities of this evolving area of the law and we are committed to fighting for our clients’ rights in the courtroom and at the negotiating table. With offices conveniently located in Baltimore, Maryland, we have successfully litigated and settled defamation, trade libel, internet defamation, and cyber smearcases for clients all over the Maryland.

Filing a Lawsuit for Slander

Slander a form of defamation is a wrongful act where someone makes a false statement of fact defamatory statement that injures the reputation of another. If you have been the victim of slander, you're entitled to pursue compensation for any resulting damages. In this article, we will provide an overview of the litigation process as it relates to slander claims.

Can You Sue?

Before you run off to court, make sure you have a legitimate claim. Your two biggest hurdles are:

showing that the statement was defamatory and not privileged, and

proving you were actually harmed.

If you meet the legal requirements, then you can file your lawsuit.

Filing The Lawsuit

Know the Rules of the Road. Before filing a lawsuit, you must carefully read your state's code of civil procedure and the court's local rules. If you also have federal claims and wish to file in federal court, then you must read the Federal Rules of Civil Procedure, as well as the particular district's local rules. Further, , some judges have their own rules called local rules. You must familiarize yourself with these rules as well. Text maryland defamation attorneys for answers to your questions.

Establish Jurisdiction. To file a lawsuit in a particular court, you must first establish personal jurisdiction. This means that the particular state in which you are filing has authority over the defendants. Personal jurisdiction for a slander claims atypically applies where the effect of the slanderous statement is felt. In recent U.S. decisions, targeting of the forum is also required in order to bring a defendant into court in a certain jurisdiction. This means that the defendant intentionally aimed the defamatory statement at an audience in a certain state.

Establish the Venue.

Further, you must identify the particular court in which you wish to file your case. For state courts, the venue is typically broken up into counties. In federal court, the different venues are called districts. Venue can be tricky in cases where the statement was made online.

Draft The Complaint.

Drafting the complaint essentially entails writing up your prima facie case, including a statement of facts and why jurisdiction and venue are appropriate.

Serve The Complaint.

Once a complaint is filed, it must be served on all defendants. Usually, a plaintiff will pay a registered recess server to personally serve the defendant. Follow your state or federal rules precisely. One of the most common ways for a plaintiff, especially a pro se federal court or pro per state court litigant, to have his or her case dismissed is because of inadequate service.

Await Defendant's Answer.

After being served with the complaint, the defendant will have a prescribed amount of time to file an answer. In Maryland a defendant usually must file a written response within 30 calendar days of being served. In Federal Court, a defendant only has several days. A defendant's answer will typically include defenses, such as truth or expiration of the statute of limitations. Email maryland defamation attorneys for answers to your questions.

Discovery

After the defendant files an answer, the litigation progresses into what is called the discovery period. Discovery is a pretrial stage in which both sides exchange information in preparation for trial. The length of this period varies according to the type of case and jurisdiction.

Common forms of discovery tools include:

interrogatories question the other party must answer in writing and under oath Text maryland defamation lawyers for answers to your questions.

depositions oral interviews taken under oath by opposing counsel

requests for production of documents;

requests for admissions;

subpoenas.

Discovery can be very expensive and time consuming. In most slander cases, the costs of discovery make up the bulk of the lawsuit costs. Furthermore, discovery requires in depth knowledge of evidence rules, as well as an understanding of legal strategy.

Settlement - Most slander cases settle. This typically occurs before trial, by way of negotiations between you or your attorney, and the defendant or his or her attorney. Additionally, a case may settle through some form of alternative dispute resolution, such as mediation or arbitration. Call maryland defamation lawyers for answers to your questions.

Trial

If the parties do not settle, the case will proceed to trial. At trial, both the plaintiff and defendant will present their cases through evidence, including witness and expert testimony. Defamation cases are typically questions of fact, so a jury will decide whether or not the plaintiff was defamed and, if so, the amount of injury damages you are entitled to receive.

Defamatory comments might include false comments that a person engaged in certain sexual activities or committed a particular crime.

The of a defamation claim is harm to reputation. One former United States Supreme Court Justice wrote that the essence of a defamation claim is the right to protect one’s good name. He explained in 1966 that the tort of defamation “reflects no more than our basic concept of the essential dignity and worth of every human being — a concept at the root of any decent system of ordered liberty.”

Defamation suits can have chilling effect on free speech

However, defamation suits can test and threaten First Amendment rights. If a person fears that he or she can be sued for defamation for publishing or uttering a statement, he or she might avoid uttering the expression, even if such speech should be protected by the First Amendment.