A common saying goes, there is no such thing as bad press. However, if you or your business have suffered injury to your reputation as the result of another’s defamatory conduct, you may feel differently. While the First Amendment protects all manner of written and oral speech, the law does recognize that some speech, especially if untrue, is harmful. For example, if online posters have made claims that your business knowingly involved in fraud or other illegal conduct, you could suffer very real reputational and financial harm.
If your reputation has suffered because of the defamatory conduct of another, contact one of the experienced defamation attorneys at Ananin, Chermol, Khattar, Fishman, PLLC to discuss your case today.
Defamation, the act of damaging the good reputation of another, can be divided into two general categories, slander and libel. Slander is oral defamation, whereas libel is defamation via the printed word.
To prove defamation in a legal proceeding, a plaintiff must prove the following:
A statute of limitations is a law that creates a time limit within which a plaintiff must bring a lawsuit or otherwise lose his or her right to sue. In defamation cases, the Texas legislature has set a one-year statute of limitations. Thus, you generally have one year from the date a defamatory statement is published or uttered to bring a lawsuit. There are exceptions, however, where the defamatory statement is not inherently discoverable or not public knowledge.
Once a defamation lawsuit has been filed, a defendant has a number of defenses he or she can claim to escape liability. The most common defenses to defamation suits include:
If you or your business have suffered due to the defamatory statements of another, contact one of the experienced defamation attorneys at Ananin, Chermol, Khattar, Fishman, PLLC today. Call us at (866) MY1LAWYER or head to 1Lawyer.com and fill out our contact form to schedule a consultation and get help as soon as possible.