While the United States is a country founded on principles of freedom of speech and press, a person’s statements are not without consequence. Statements that are untrue and unsupported by fact, and that affect another’s person’s reputation can result in liability for resulting damages. A Boca Raton libel lawyer can help you pursue civil action in court against a party responsible for making or publishing false statements that cause you harm. Talk to our knowledgeable corporate law attorneys about what happens next.
Libel refers to written communications about a person, business, or organization that cause injury to their reputation. The defamatory statements are made with the intent to publicly fuel emotions of shame, disgrace, and even hate. In general, the following legal requirements must exist for a defamatory statement to be libelous and subject to criminal or civil action:
Libel cases traditionally occurred through statements made in newspapers, books, and other publications. However, today, online platforms provide many different avenues for written words to cause harm to people and businesses, including social media websites, blogs, business review websites, and other online forums. Statements that do not exist in written form, while not libelous, can still be defamatory and subject to a lawsuit for slander.
A Boca Raton lawyer experienced in defamation cases can help you determine whether a claim for libel, slander, or both is appropriate; or determine whether the remarks you published were within the bounds of the law. Additionally, a statement does not need to explicitly include a person’s name to meet the requirement of identifying them. The context of the statement and other circumstances may sufficiently identify the person to establish a claim for libel.
Florida Statute 770.01 requires a party to first provide notice to the person or organization responsible for the libel of the intent to pursue a civil action. The defendant must receive the notice at least 5 days before filing the lawsuit and it must specify the source of the libelous statement(s). After meeting this requirement, a Boca Raton libel lawyer can initiate the litigation process by filing a civil claim, attending to any pre-trial motions or hearings, and advocating for an injured party’s rights at trial.
A successful defamation lawsuit can result in several benefits, including an injunction to stop further spread of the false statements and compensation for damages. Common examples of damages that may be available are business losses, lost wages, emotional distress, and other negative effects on quality of life because of the libel. In some cases, a court may also order punitive damages.
Defamation lawsuits can be complex because of truth defenses, timely published corrections, retractions, and apologies, or other mitigating factors. For example, a publisher or broadcast outlet may claim the libel was unintentional and occurred without the exercise of due care. A settlement may be preferable in these cases to recover some compensation, while avoiding the risk of an unfavorable judgement at trial.
Florida has a two-year statute of limitations for defamation lawsuit arising from libel or slander that begins to accrue on the date of first publication. It’s important to meet with a Boca Raton libel lawyer as soon as possible after becoming aware of a statement or its harmful effects on your personal or professional life – or if you or your business is listed as the defendant. Please contact us as soon as possible so we may begin crafting the proper legal response.
