Defamation Lawsuit: Libel Vs. Slander Cases (June 2025)

Features of a Defamation of Character Lawsuit

Defamation law has existed for centuries. Some legal scholars theorize that suing for defamation of character replaced dueling over insults, scandals and falsehoods. From its origins, defamation claims have given the victim a path to:

• Hold the responsible party liable in a public forum
• Restore their reputation
• Seek a personal injury settlement or award for the reputational losses suffered

At the same time, the First Amendment of the U.S. Constitution guarantees freedom of speech. This means you are allowed to express any opinion, no matter how unpopular or untruthful it may be.

As a result, anyone pursuing a compensation claim must meet certain elements to assure the court that it is only imposing liability for unprotected falsehoods and not protected speech. U.S. courts are even more protective of free speech when it involves public figures.

These victims cannot sue for negligently stated falsehoods. Instead, they must prove the speaker acted knowingly or recklessly.

Elements of Defamation

Before learning how to win a defamation case, you must first understand the distinction between statements of fact and opinion. Facts are verifiable through objective observation or testing. For example, the following represent factual statements:

• He cheated on his wife
• She is dying of cancer
• They declared bankruptcy
• The restaurant’s food gave someone food poisoning

A judge or jury can compare these statements to objective facts and determine whether they ring true or false.

By contrast, statements of opinion represent subjective viewpoints. You might disagree with them, but you cannot prove them true or false. Some opinions might include:

• He is a bad husband
• She looks sick
• They never seem to have much money
• The restaurant’s food is bad

A court cannot test these statements against reality to verify their truth. Thus, they serve only as subjective opinions.

To prove defamation, you must have evidence of the following elements:

• There is a demonstrably false statement of fact
• The false statement was uttered or published to a third party
• The speaker or writer knew or should have known it was false
• The victim suffered reputational damage

These elements only apply to private individuals. Public figures must prove different elements because the First Amendment protects the public’s right to criticize them.

Public Figure Defamation

Public figures can only recover damages for defamatory statements made with actual malice. You can prove the actual malice of the speaker or writer in two ways:

• They knew of the falsity of the statement
• They uttered or published the statement with reckless disregard for the truth

Thus, a newspaper might publish a story about a famous talk show doctor, saying they injured a patient and had to pay a multi-million dollar medical malpractice payout. Even if the story is provably false, the doctor can only recover compensation by showing the newspaper knew it was false or failed to conduct basic fact-checking that would have disproved the story.

Damages in a Defamation Lawsuit

Whether the victim is a public or private figure, they must prove that the falsehood damaged their reputation. A harmless falsehood, such as “he is a vegetarian,” would probably not support a defamation claim for most victims. However, if the victim was the spokesperson for a hamburger chain, the statement might damage their reputation.

Similarly, if someone already has a bad reputation, a false statement might not damage their character. For instance, suppose that a serial killer’s childhood friend falsely stated that the killer had stolen money from the church as a child. The killer’s reputation might already be so bad that the false statement would probably have little effect on it.

Defamation Lawsuit Settlements and Verdicts

News articles occasionally cover defamation lawsuit settlements and verdicts. Since these cases often involve news organizations, celebrities or both, the amounts may seem significant. For example, a recent case in New York resulted in a $5 million verdict.

However, the person allegedly responsible had a wide audience, with anything said reaching millions of people and, thus, potentially causing great reputational harm. This case underlines how the specific facts will determine the compensation you can seek.

How to File a Defamation Lawsuit

Unlike other forms of tort liability, general liability policies often do not cover defamation. This means you will likely sue the person allegedly responsible for the defamatory statement, and they will defend themselves rather than tendering their defense to an insurance company.

A defamation lawsuit generally looks like any other lawsuit. You will allege that the other party’s acts meet all the elements of defamation, including falsity and publication to at least one person. You can then allege that you were harmed and make a general plea for compensation.

Differences Between a Slander Lawsuit and a Libel Lawsuit

English common law distinguished between libel and slander. Libel referred to a published falsehood, while slanderous statements were made orally.

Today, defamation covers both types of claims. As a result, suing for slander and libel requires proof of the same elements and results in compensation for the same types of losses when you win.

What Evidence Do You Need in a Defamation Case?

You need evidence of falsity, publication and loss. While you must also prove that the defendant knew or should have known that the statement was false, you can often do this by arguing that the surrounding circumstances made the falsity reasonably apparent.

Moreover, defamation is an intentional tort. This means you must prove that the other party intentionally published or spoke the false statement to others.

The evidence used in defamation cases may include communications between the plaintiff and defendant, communications by the defendant to others and testimony about how the public received the false statement. Importantly, you generally don’t need evidence that the public believed the falsehood. Instead, you only need proof that the statement eroded your reputation.

Cost of Filing a Defamation Lawsuit

Costs associated with a defamation lawsuit can include filing fees, litigation expenses, and legal fees. The legal fees will usually be the largest expenditure of these. However, some defamation lawyers will work on a contingency fee basis if they believe that you have a strong case with significant value.

This type of arrangement is common for personal injury or car accident lawyer fees. Under this fee structure, you pay the lawyer a percentage of your settlement or verdict at the end of the case.

Do You Need a Lawyer for a Defamation Case?

Defamation law strikes a balance between freedom of speech and the responsibility to speak truthfully about others. As a result, these cases often involve complex legal issues that require the detailed knowledge provided by an attorney.

Contact ConsumerShield to Learn More About Defamation

You have options after someone publishes falsehoods about you. ConsumerShield can educate you about your legal rights and connect you with a defamation attorney to represent you against the person or business that damaged your reputation. Contact us for a free case evaluation to learn more today.