Home Blog Defamation Claim: Types, Defenses, Dealing Strategies, Lawsuit

Defamation Claim: Types, Defenses, Dealing Strategies, Lawsuit

This page explains what a defamation claim is, how to deal with defamation, and how a lawyer from ContractsCounsel can help you.

Jump to Section

Defamation is a false statement made about someone which harms their reputation. If someone is committing defamation against you, it can be a stressful situation as defamation can result in the loss of business opportunities, damaged working relationships, financial losses, and emotional hardship.

Read the rest of this article to learn how to navigate a situation of defamation and protect your reputation. We’ll look at the following:

  • Types of defamation
  • Defenses of defamation claims
  • How to deal with defamation
  • What’s required to win a defamation lawsuit
  • Why you should hire a lawyer

What are the Types of Defamation?

There are two defamation types. These are:

Libel

Libel is a written form of defamation, such as publishing false statements of someone that causes them scrutiny, mockery, or ruins their reputation. These statements can be published in books, in newspapers, on websites, on social media, or in magazines.

The term “Libel per se” is when the statements are considered harmful on a grand scale, such as if they are claiming that someone is guilty of a crime or sexual misconduct.

Slander

Slander is when false statements about someone are made out loud instead of in writing. “Slander per se” is when the statement is obviously damaging that it’s assumed to cause damage to the person’s reputation, such as if the statement involve the person’s alleged criminal activity.

What is a Defamation Claim Defense?

A defamation claim defense involves defending against the claim that’s made against the person. Usually, defamation claims can be challenging to prove. There’s sometimes a fine line between someone’s right to express themselves freely and harming another person.

Some common defenses include stating that the statement is:

  • True or factual.
  • An opinion. Legally, an opinion isn’t defamation if it can’t be proven to be true or false.
  • Privileged (meaning that the person has the right to make the statement, such as if they’re witnesses during a court proceeding)
  • Retracted (meaning that the person took back the harmful statement.

Looked at from the other perspective, to prove defamation requires showing evidence that it is false, harmful, and unprivileged because it’s not protected by any legal privileges.

How Should You Deal with Defamation?

If someone is spreading false statements about you that are harmful, there are ways to deal with the situation effectively and legally.

Avoid Publishing Your Own Statements

When someone has made unfair or harmful statements about you, your knee-jerk reaction might be to respond with the same level of meanness, such as on social media. This can worsen the situation and harm your reputation even more. In some cases, it can lead to legal trouble.

Gather Evidence of the Defamation

Try to collect as much evidence of the defamatory statements as you can. This can include keeping records of communication between you and the other party who is making those statements, making notes of when the defamation has taken place, and collecting evidence that conflicts with the statement to prove it’s inaccurate.

Send a Cease and Desist Letter

You can stop the person who is committing defamation against you by sending them a formal cease and desist letter. This document mentions the statements which are being made and informs the other party to stop making them.

It can include a threat of legal action if the person doesn’t stop committing the behavior. This letter should be drafted by a lawyer, who will ensure the letter is legal and worded to be effective and persuasive.

Hire a Reputation Management Professional

If your business or public persona is under attack, you should consider hiring a reputation management professional to help you navigate the situation. They’ll take action, such as by creating new content to drown out the negative statements, such as if the defamation is occurring online.

They can also collaborate with your lawyer by gathering evidence of all defamatory material against you.

Consult with a Lawyer

It’s always a good idea to hire a lawyer to help you with defamation because you don’t want to do anything to further damage your reputation. A lawyer can help you in various ways, such as the following.

  • They will draft a cease and desist letter.
  • If required, they will help you to make public statements about the defamation.
  • They’ll remind you of your rights and help you navigate the situation.
  • They’ll protect your reputation, such as by avoiding making mistakes that worsen the situation.
  • They’ll consider your case to see if your defamation claim is valid. For example, they will differentiate between an opinion and defamatory statement.
  • They’ll represent you in court, such as if you file a lawsuit for defamation that has caused major harm to you or finances. This can help you to seek damages.

How Do You Win a Defamation Lawsuit?

In order to be successful in a defamation lawsuit, your lawyer will help you to build your case. This involves the following:

Collecting Comprehensive Documentation

Your lawyer will present evidence that will help you to win the case. They will ensure that you collect all the appropriate evidence that’s strong enough for your specific situation and the nature of the defamatory statements made against you.

Considering the Damages

In a defamation case, common damages can include financial losses or emotional distress. Your lawyer will assist you in monitoring how the defamation has affected you and harmed your reputation or wellbeing.

Using Witnesses

Having witnesses can help you to win a defamation case because they will shed light on what damage has been caused to you and your reputation. Expert witnesses, if applicable to your case, can also be valuable to support your case.

Do You Need to Hire a Lawyer for Defamation?

Hiring a lawyer is essential for a defamation case because they have the skills to help you navigate it. Although dealing with defamation can be a highly stressful situation, you don’t have to feel stressed about finding the best lawyer to assist you with your case.

On ContractsCounsel, an online legal network that connects clients with vetted, professional lawyers, the process is easy and simple.

You’ll get to work with lawyers who have the legal expertise, credentials, and years of experience to help you explore your options and build a strong case so that you achieve a favorable outcome.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,369 reviews

Meet some of our Lawyers

Sara S. on ContractsCounsel
View Sara
4.9 (160)
Member Since:
July 14, 2023

Sara S.

Attorney
Free Consultation
Washington, District of Columbia
6 Yrs Experience
Licensed in DC, MD, PA
American University Washington College of Law

With over eleven years of intellectual property experience, I’m happy to work on your contract problem. I am very diligent and enjoy meeting tight deadlines. Drafting memoranda, business transactional documents, termination notices, demand letters, licenses and letter agreements are all in my wheelhouse! Working in a variety of fields, from construction to pharmaceutical, I enjoy resolving any disputes that come across my desk. I will prioritize your project, big or small. Please be ready and prepared with all relevant documentation so we can get started as soon as you click HIRE! Hourly rate projects will be billed hourly in accordance with the timesheet. Flat rate projects will be billed in segments. Choosing an hourly or flat rate is up to you. Absolutely no refunds.

Recent  ContractsCounsel Client  Review:
5.0

"Sara was responsive and knowledgeable about prenup specifics. Thank you so much!"

Rob D. on ContractsCounsel
View Rob
Member Since:
July 8, 2023
Kennedy W. on ContractsCounsel
View Kennedy
Member Since:
July 11, 2023

Kennedy W.

Attorney
Free Consultation
Holton, KS
7 Yrs Experience
Licensed in KS
Washburn University School of Law

Graduated from Washburn University School of Law with certificates in Tax Law and Business Transactions. Served as a specialized tax advisor and business consultant to clients across the nation over the last 8 years. I have practiced law since 2019, specializing in entity formations, contract drafting, contract review, contract disputes, business transactions, demand letters, legal research, and general business consulting.

Matt T. on ContractsCounsel
View Matt
Member Since:
July 31, 2023

Matt T.

Attorney
Free Consultation
Dallas, TX
4 Yrs Experience
Licensed in TX
Samford University's Cumberland School of Law

Matt is a licensed attorney based out of Dallas, Texas. Despite having recently graduated, Matt has been immersed in the world of Corporate law throughout law school and beyond. As a result, he has benefitted from the unique and advantageous position of experiencing and working on a wide array of matters, such as reviewing, drafting and negotiating contracts, overseeing regulatory compliance, business formation, risk management, and much more. Contact Matt today for a free consultation!

Penny R. on ContractsCounsel
View Penny
Member Since:
July 14, 2023

Penny R.

Founder/Owner
Free Consultation
Dallas, Texas
39 Yrs Experience
Licensed in TX
Southern Methodist University

I have practiced law for more than 35 years in the State of Texas. I am proud of the relationships I have formed with my clients and the high level of legal advice I have provided over these many years. I am responsive and will promptly address your particular situation. For 35 years I have counseled individuals, partnerships and corporations with regard to business formation, real estate transactions and issues, employer/employee relationships, contracts, estate planning and asset protection. I am licensed to practice law in all state courts in Texas and all federal courts. I have represented plaintiffs and defendants throughout the state in cases ranging from contract disputes to injury claims. I have worked with every type of business you can imagine from individuals to "mom and pop" businesses and businesses with assets of more than $10,000,000. My clients' businesses range from large construction contractors, investment companies, oil and gas companies, and commercial landlords, to name a few.

Thomas G. on ContractsCounsel
View Thomas
Member Since:
July 16, 2023

Thomas G.

Attorney
Free Consultation
Manhattan, KS
11 Yrs Experience
Licensed in CA
University of La Verne

After graduating law school in 2015, I practiced for a few years in LA, then becoming a contractor for large litigation projects. Now working from home in Kansas, I can offer LA service at Midwest prices.

Tanu C. on ContractsCounsel
View Tanu
Member Since:
July 17, 2023

Tanu C.

Corporate Counsel
Free Consultation
Washington DC
11 Yrs Experience
Licensed in NJ
Thomas M Cooley Law School

Ms. Tanu Chaturvedi Esq. brings vast experience: experience as an Attorney at a company that is a global leader in e-Discovery, experience as the sole domestic Corporate Legal Counsel at a respected corporation in the nation’s capital, experience as the sole international and domestic Corporate Counsel at a multi-million dollar international corporation, experience as a legal & business leader in the legal department at the world's leading mission capability integrator in the nation's capital that has been named a Top 100 Employer Forbes by state & Top 25 Defense Contractor in the world & named Top 7 in the Washington Technology Top 100 2022 & one of the largest defense contractors in the marketplace & has also been named as Top Managed Company by The Wallstreet Journal & included in the Inc. 500, experience as the sole Attorney at a national company that was recognized in 2017 as a top employer in the capital by "The Washington Post" & has also been listed on the Inc. 5000 more than once as one of the fastest growing companies in the nation, & in 2019, & named as a Finalist for the DC Moxie award: for businesses that demonstrate significant boldness & innovation in business strategy, experience working at one of the world's largest insurance brokerage firms, one of the largest law firms in the capital, experience working at a corporation with global reach that was lead by a former cabinet member of the Clinton administration, experience working at a Fortune 500 in one of the world's largest insurance markets, at an internationally recognized boutique law firm, experience as the only female legal professional in the felony division of a criminal department in the nation's most dangerous jurisdiction as an undergrad, & experience working in the offices of public officials. She brings extensive experience working with both commercial contracts and government contracts. She also successfully completed two distinct certificates and an online course in Contract Management from the National Contract Management Association. More specifically, she also brings extensive legal experience in corporate law, general litigation, insurance law, and employment law. She brings extensive experience with People Management. She started her career as a manager managing up to fifteen interns in her first legal role. She has managed a team of up to fifteen attorneys, and has managed interns on regular basis in her other professional role throughout her career. She has extensive experience with technology (Contract Management Platforms and Relativity). She has incorporated legal technology platforms into her offices throughout her career. She has successfully implemented the technology, drafted standard operating procedures, and provided office training for the technology platform utilization throughout the entire company. She is also a graduate from three different internationally recognized institutions that have a record of turning out graduates with the skill to lead in their industries & distinguished law school graduate from an ABA accredited law school and received recognition for academic & leadership achievement while in law school. She hold a Juris Doctorate (Cum Laude), and a certificate in Business Analytics from Wharton Business.

Dilini L. on ContractsCounsel
View Dilini
Member Since:
July 18, 2023

Dilini L.

Attorney
Free Consultation
California
11 Yrs Experience
Licensed in CA
University of California, Berkeley School of Law

I am an attorney licensed in California with particular experience in local policy work, workplace justice, and environmental law. I have authored or co-authored over 30 amicus briefs (including one for which I received an Amicus Service Award from the International Municipal Lawyers Association), have extensive experience researching state law across the country and across issue areas, and pride myself in clearly and concisely distilling complex and/or technical legal concepts for lawyers and non-lawyers alike.

Courtney A. on ContractsCounsel
View Courtney
Member Since:
July 19, 2023

Courtney A.

Branding and Business Law Attorney
Free Consultation
Phoenix, Arizona
10 Yrs Experience
Licensed in AZ
California Western School of Law

Hello! I am a transactional attorney enthusiastic about helping entrepreneurs launch and protect their businesses. Let me know how I can support you with drafting and negotiating contracts, setting up your LLC, copyrighting creative content, or trademarking your brand. I am experienced with drafting and negotiating business contracts, including service/vendor agreements, NDAs, marketing agreements, licensing agreements, terms & conditions, terms of use, and many more! I have helped companies develop strong template agreements and strategies for contract management. My goal is to deliver a simple, stress-free client experience!

Rudy C. on ContractsCounsel
View Rudy
Member Since:
July 19, 2023

Rudy C.

Esq.
Free Consultation
New York
3 Yrs Experience
Licensed in NY
St-John's Law School

As a multilingual attorney, Rudy Cohen-Zardi holds multiple degrees from several institutions worldwide. He has gained experience in leading firms, including Eversheds Sutherland, LLP and Bank of China (NY). He is licensed to practice in New York.

Rhea J. on ContractsCounsel
View Rhea
Member Since:
July 21, 2023

Rhea J.

Attorney at Law
Free Consultation
Evansville, IN
12 Yrs Experience
Licensed in IN
University of Illinois at Urbana-Champaign

I am a graduate from Wittenberg University and University of Illinois at Urbana-Champaign. I have been admitted to the Indiana bar since 2013. I have collaborated on several writing projects for the Indiana State Bar.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,369 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Litigation Lawyers
DEFAMATION CLAIM LAWYERS BY CITY
See All Defamation Claim Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,369 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city