File civil lawsuit slander

A statement that is spoken on television or a radio show, or is said in a speech or even in loud conversation, will qualify as published because someone else heard it. Determine whether the statement injured you in some way. Laws against defamation are intended to protect people from the effects of false statements. In order to win a slander lawsuit, you must show that you were injured by the false statements. The suing party you, in this case must prove that actual, quantifiable damages occurred.

For example, you could show that you lost your job or were treated badly at work because of the untrue statement. Or you could demonstrate that your friends and family would no longer associate with you after hearing the statement, or that you were harassed by the press.

To prove mental anguish, you would likely want to have the testimony of a physician or mental health professional. Asserting that you already had a bad reputation is a common defense in slander lawsuits. To count as slander, a statement must cause you serious, actual damages.

Embarrassment does not usually do this. For example, accusations that you committed a crime, had an infectious or loathsome disease, or are unable to perform your job are generally treated as slander per se because they show a clear intent to cause harm. In these cases in states that allow per se consideration you do not have to prove injury to make a valid claim.

Determine that the statement was not privileged. Legislators who make statements within the performance of their "legislative activities," i. They cannot be sued for slander for statements made in these situations. These situations may involve court proceedings. If witnesses and parties to lawsuits could be liable for the slanderous comments they make while on the witness stand, they might be unwilling to testify. For example, witnesses who make false statements at a deposition -- a type of court proceeding -- cannot be sued for slander.

However, they may be criminally prosecuted for perjury. This is because the statements given during a deposition are privileged. Determine if the statement is protected because the target is a public figure. Under the US Constitution, the public has the right to criticize the government and other public figures. Therefore, it is very difficult for public figures to recover for defamation. Determine whether the statute of limitations has passed. In many US states, there is a statute of limitations for defamation suits.

For example, in the the state of Georgia, the statute of limitations is one year. Part 2. Look for an attorney. Defamation suits are very difficult to win. Because of this, you will want to hire an attorney who is experienced in civil litigation to help you with your slander suit. If you have low income , don't despair. Many attorneys offer pro bono services to low-income applicants. Search for civil litigation attorneys in your area.

In most cases, you will file your slander complaint in the state district court presiding over the location where the statements were said and heard. There are many ways to locate an attorney. The American Bar Association maintains a database of local bar associations.

Your state's Bar Association website will likely have a directory of licensed attorneys. In many cases, such as Ohio's State Bar Association, these directories are searchable by location and specialization.

They focus on finding attorneys for people with low incomes. For best results, use more than one. Popular directories include Lawyers. Ask your friends and family for a referral. Friends and family are usually the best place to start when researching attorneys, because you can ask them about their personal experiences with the attorney.

Was the attorney upfront and clear about fees and services? Was the attorney on time and prepared for appointments? Was the attorney or someone involved in the case available when you had questions? Check online reviews. Several websites offer reviews of attorneys.

It's a good idea to check these reviews for any attorneys you may be considering. Don't rely on this information as your only source, but it may be helpful in making your decision.

Websites offering attorney reviews include Avvo, FindLaw, Lawyers. Check the attorney's disciplinary records. Once you've narrowed your list of candidates down to two or three, using referrals and reviews to guide you, check their disciplinary records. In some states, you will go through the state Supreme Court's disciplinary board or commission. You can find a guide to where to search for an attorney's record on FindLaw.

It's up to you to decide whether a disciplinary action is sufficient for you to disqualify the attorney from consideration. You should not hire an attorney who has been disciplined for anything major, such as ethics violations or malpractice. Contact your candidates. With all of this information in hand, choose 2 or 3 top candidates and call their offices. In many cases, they will offer a free preliminary consultation via phone. Many will also offer free in-person consultations.

Start with the telephone consultation and ask the following questions to determine whether to proceed with a formal interview.

Be wary of attorneys who charge for an initial consultation. This is a sign they charge hourly, which is not a desirable situation for a slander case. What percentage of damages does the attorney take if you win the case? What were their outcomes? You want to know that your attorney has experience in your type of litigation. Can the attorney provide you with references? What type of information will you need to bring to an in-person meeting?

Having a list of documents the attorney will need will be helpful. Meet with your candidates. If you're satisfied by the answers to your telephone questions, schedule an in-person interview. This is very important. You need to feel comfortable working with your attorney. Trust your "gut" here. If you're uncomfortable or feel pressured to agree to a contract which is unethical , look elsewhere. Basic information can be found online, but asking this in person allows you to gauge your attorney's confidence and forthrightness.

Ask about fees and costs. Be very leery of civil litigation attorneys who charge by the hour. This could be a sign that they aren't confident in your case. A contingency arrangement is by far the most common in defamation suits. Make sure that you are absolutely clear on what costs you need to pay up front and what percentage you can expect your attorney to take home if you win.

Ask about the attorney's experience working in similar cases. Does the attorney have a good record of winning similar cases? How, specifically, does the attorney plan to achieve your objective? Listen to your attorney. Once you have interviewed your candidates and chosen an attorney, listen to him or her. An attorney is ethically and legally obligated to pursue your best interests.

Whenever you're unclear, ask! Your attorney should be responsive and informed. If your attorney doesn't answer questions for days or weeks on end, this may be grounds for breach of contract and you can find another attorney. Part 3. Complete your complaint with an attorney. Because slander suits are so difficult to win, it's a good idea to have an attorney assist you in preparing and filing your complaint.

Create your complaint. To sue someone for slander, you must prepare a document called a complaint that you will file with the court.

You can model your complaint on existing examples. However, you must make sure that you check in the state where you will file your action for any specific formatting requirements. To find out about specific state rules, look online or call the clerk of court.

The complaint includes the grounds or cause of action for you slander lawsuit. Many states have downloadable PDFs of defamation forms available on their court websites.

You can use these as a template to prepare your own complaint. Check with your state's website to find the forms used in your state, if possible. For example, California provides these forms here. The Complaint Starts the Case. Once you've met with your attorney and he or she has done some initial investigation that indicates you have a viable case, a Complaint will be filed in your state's civil court system. This is the document that initiates the lawsuit.

At this stage, a key consideration is the defamation statute of limitations in your state , a law that sets a time limit on your right to take your case to court. Keep in mind that starting the lawsuit doesn't mean resolution will come in a few weeks or months. It often takes more than a year for a defamation case to make its way to the trial stage, and meanwhile settlement negotiations can be ongoing as the litigation plays out.

Get more details on starting a defamation lawsuit. Service, Answer, and Discovery. After the Complaint is filed, the defendant is served with the lawsuit documents Summons and Complaint and has a brief window of time in which to file a response the Answer.

More: Defending against a defamation lawsuit. Next, the court issues a scheduling order, which gives all the important deadlines in a case. At that point, the "discovery" phase begins. Each party will send the other through attorneys written questions called Interrogatories.

These questions are answered under oath, and they help the opposing party find out more about you, your potential witnesses, and the facts of your case. The other party will likely also ask you to produce certain documents. Your attorney will work with you to gather documents and answer questions.

Sometimes there are reasons that you can withhold documents or decline to answer questions, and your attorney can advise you about that. A deposition is an interview under oath during which the attorney for the other party asks you questions. This is an opportunity to size you up and determine what kind of witness you'll make at trial, how a jury might perceive you, and how strong your claims are.

If you've been the victim of slander, you're entitled to pursue compensation for any resulting damages. In this article, we'll provide an overview of the litigation process as it relates to slander claims.

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

In addition, some judges have their own rules called local local rules. You must familiarize yourself with these rules as well. 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 claim is typically appropriate wherever the effect of the slanderous statement is felt. In recent U. 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.