Defamation Attorney Miami

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Defamation of character can be as harmful as a physical injury. There are a lot of different damages that victims of defamation may suffer. Today, rumors and lies spread quickly online hurting people’s feelings and reputation, and may even impact their business and finances. If you believe you have suffered defamation, including libel and slander, then an experienced defamation attorney Miami from Gallardo Law Firm may be able to help you.

Defamation is a civil wrong. The person being defamed can sue the person that made the statement. In this article, you will learn about the two main types of defamation, Florida defamation law, what you need to prove in a defamation lawsuit, the statute of limitations, and defamation damages you can recover with the help of a defamation attorney Miami. It is unfortunate when someone defames your reputation, character, or career. But in such cases, a defamation attorney Miami can’t take a closer look at your situation and determine the best course of action.

What is defamation of character

Defamation can damage an individual’s reputation, integrity, and career. Defamation of character happens explicitly when false and damaging statements are presented as a fact to somebody else. A statement only to the person offended will not qualify as defamation because it doesn’t damage the individual’s character in somebody else’s eyes. The statement must be untrue, heard by a third party, and result in harm. A defamation attorney Miami can assist victims of this type of behavior.

Libel and slander

There are two main categories of defamation, written defamation known as libel, and spoken defamation known as slander. When a person suffers injury to his or her reputation as a result of someone else’s statements, he can sue under the theory of defamation. The accuser must prove that the statement was not defamatory to recover. But the statement doesn’t have to be completely right for the defense to be effective. As long as the statement is substantially correct, the defense may apply.

What about victims of libel and slander? These cases can be complicated. You need a defamation attorney by your side to help you understand Florida defamation law. The content of the statement will determine its meaning. In slander cases, the defendant doesn’t need to prove that the statements are untrue but rather the plaintiff must prove that the slanderous statements are false. Libel cases are easier to demonstrate because there are printed copies that can be used as evidence.

Services offered by our Defamation attorney Miami

A person that has suffered a defamatory statement, whether written or spoken, can sue under Florida defamation law. Nobody has the right to make false statements that will damage someone’s reputation. A defamation attorney Miami can assist you in reaching the best possible results for any harm caused. There are opinions, and there are facts. An opinion without facts will not qualify as defamation, especially when it comes to libel and slander. There must be spoken or written proof.

Attorneys play a crucial role in gathering evidence to support your claim. A defamation attorney Miami can immediately work on your case and start the investigation. Your attorney can also help you create a strategy for your situation and assist with litigation when it is required. After filing your complaint, the next step will be discovery where both parties exchange information to prepare for trial. The good thing is that most civil cases settle before trial through negotiations or alternative dispute resolution. In some cases, a well-written demand letter can help settle your case even before the complaint is filed. But all these approaches may only be effective when you hire adequate legal representation.

Florida defamation law

Defamation law can vary from state to state. Florida defamation law allows lawsuits to be filed when a false statement is communicated, in writing or verbally. Defamation may include a statement told by a reporter and published in the media or it can also be a statement sent via e-mail, text message, or shared in social media. False statements of fact can serve as the foundation for a defamation lawsuit. It is not the same with statements of pure opinion. Business, as well as corporate entities in Florida, can file claims for defamation.

Florida defamation law is not clear about who has the burden to prove or deny the false statements, whether the plaintiff or the defendant - a hotly contested issue that tends to confuse many judges in Florida. It can create uncertainty for those who have been slandered unless they hire a defamation attorney equipped to handle these types of cases.

Defamation of character lawsuit

Defamation of character is wrong. It is unfortunate when someone makes a false statement against another that damages his or her reputation. It is essential to understand the main elements of defamation and how you can pursue a defamation of character lawsuit.

Elements of defamation you need to prove in a claim

In Florida, some elements of defamation must be proven in a defamation case:

  • Published – In cases involving libel there must be written or printed proof, and in cases involving slander something spoken to a third person.
  • False statement – Slanderous statements must be untrue otherwise there is no recovery.
  • Injury or damage – Statements must have caused some damage to the individual’s character and reputation or career.

Statute of Limitations for Defamation in Florida

In Florida, you have two years to file a defamation lawsuit from the date the first defamatory statement was made or published. If the statement is repeated, copied or republished later on, the two-year clock won’t reset, and you can’t bring another lawsuit. However, there are many scenarios that mays serve to delay the start of the statute of limitations or pause it:

  • If the defendant was out of state during the two year timeline from the date the statement was first made.
  • If the defendant uses a false name and the defamation lawsuit is not possible.
  • If the plaintiff is a minor legally incompetent at the time.

If you miss your deadline, you will not have a chance and lose your right since the court will dismiss your case. You should discuss your situation with an experienced defamation attorney, especially if your two-year deadline has passed.

Defamation damages you can recover

There are differences in the number of damages awarded in libel and slander cases. In a libel action, for example, the plaintiff is not required to prove financial damages. Damages to someone’s reputation are enough for. In a slander action, a libelous publication is considered grave, unless it was not made public. The plaintiff must prove damage to his reputation and financial costs as well.

There are two kinds of damages in a defamation case:

  • Special damages - These are economic damages, which are carefully calculated. A plaintiff is entitled to receive damages for lost income, future earning capacity, and any other lost economic opportunities caused by the defamatory statement. Also, if the plaintiff needs medical or mental health treatment due to the slanderous communications, the plaintiff can also recover damages for these expenses, similar to a personal injury case.
  • Non-economic damages - These are commonly known as pain and suffering in personal injury cases. It includes emotional distress, loss of enjoyment, and anxiety with symptoms such as lack of appetite, mood swings, and sleep disturbances. All these symptoms are caused by the damages the victim suffered to their reputation among peers and the community.

Gallardo Law Firm, protecting clients from Defamation in Miami

Defamation lawsuits involve complex legal issues that only an attorney who specializes in the subject can handle. At Gallardo Law Firm, we have experience dealing with problems related to defamation such as defamation in the workplace, and internet defamation. We are familiar with Florida defamation law and know how to prove defamation. Defamatory accusations can ruin your reputation, career, and business if you don’t do something about it. If you have suffered from untrue accusations, don’t hesitate to contact us and schedule a confidential case evaluation with one of our defamation lawyers.

FAQS
One of the most damaging consequences is harm to your professional reputation within a professional community. There is also financial harm where you can lose your business or your job. Another type of damage includes physical and mental anguish. It can certainly take a toll on someone’s health and emotional stability. The good news is that those harms can be compensated in some specific cases.
It is difficult for public figures to bring a libel suit but possible. They must prove that the party defaming them knew about the statements being untrue, made with malice, and the person was saying or writing them negligently. Nevertheless, it is possible for celebrities, politicians, or any other famous person to file a successful defamation suit, mainly if the statement damaged their careers. There are many defenses to defamation, which a defamation of character attorney can explain in more details.
You are free to express your opinion as long as it is just your opinion and there are no specific facts to prove its untruthfulness.
Unfortunately, the media is privileged, even when the stories are proven to be false, as long as the information was released without malice, and they update it or correct it when the matter is brought to their attention. Ask a defamation attorney about your options in such cases
You are not held liable as long as you are not aware of the statement. Website operators are protected from content published by a third-party under section 230 of the Communication Decency Act (CDA).
Bloggers are usually recognized as journalists. However, they don’t enjoy the same protections of journalists. In other words, a blogger accused of internet defamation may have to pay significant damages. With the media moving online, bloggers are more and more accepted as journalists.
Consult your defamation of character attorney first. Your attorney will investigate and find out the originators of such defamatory posts, even when it is anonymous or posted under another name. We can help you pursue a defamation of character lawsuit.
The Constitution of the United States does not protect false and harmful speech. Defamation is an exception to the First Amendment.
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