Is Defamation Hard To Prove?

If someone made a false statement about your character that effected your life and business you’d want to hold them accountable for the damages they caused. That’s when you file a defamation lawsuit, but is it difficult to win a defamation lawsuit?

What do you need to prove in order to win a defamation case in court?

There are two types of defamation: libel (written defamation) and slander (spoken defamation), and proving either of them essentially has the same requirements. Those requirements include:

1. Someone said or wrote something about you that was false.
2. The person who said or wrote the false statement about you did so with the intention of causing you harm.
3. The statement did, in fact, cause you harm or damages.

Proving defamation in a court of law requires that the plaintiff show proof of their claims. Examples of proof that defamation occurred can include a published article, a video, or an online posting. Examples of proof that harm was caused to either the plaintiff’s reputation or their finances include bank statements showing lost income, lost job, marketing expenses from trying to repair a damaged business reputation, or doctor’s bills for therapy.

Additionally, a plaintiff may need character witnesses to prove that they had a sound reputation prior to the defamatory remarks. Otherwise, a defendant may claim that they already had a poor reputation to begin with.

For more information about proving defamation cases in court, send us a message.