Personal Injury Law and Defamation of Character
People don’t often think of defamation of character or libel cases as falling under “personal injury.” Unsurprisingly, the perception is that the injury must involve bodily harm. If this were the case, there would be far fewer personal injury cases brought to fruition, as “injury” can apply to a number of different issues, including emotional abuse and slander. As slander can often lead to monetary loss, these cases can have a large settlement.
What is Slander?
- A false statement about another person.
- The statement is published leading to broad consumption – i.e. a person can’t just insult another person, the defamation can be accessed by other people.
Note that slander does not have to be broadcast or put in print. For example, if someone lies about job performance leading to termination, this is a form of slander, even if it was done in private. Examples of defamation include:
- An untrue statement about a person’s health.
- An untrue statement about a married person’s chastity.
- An untrue statement about a person’s professionalism.
- An untrue statement about a person committing a crime.
The burden of proof rests on the accuracy of the statement. If the statement is proven to be true, it is harder to claim defamation. A personal injury lawyer will also help determine the monetary conception for a defamation case – such as lost wages, both present and future. In some defamation cases, emotional anguish can also be figured into the proceedings, which is why “injury” has such a broad definition and does not only apply to bodily harm.
