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5 Elements to a Defamation Lawsuit in California

If you have been a victim of defamation, you may be able to receive compensation for damages via litigation. When defamation occurs in print, it is called libel. When defamation is spoken, it is slander. What are the elements that must be proven in a defamation case? Here are five important factors:

  1. The Statement Is Defamatory – The statement must have affected your reputation in the community in order for it to be considered defamatory.
  2. It Is Stated as a Fact – Generally, a statement can’t really be defamatory unless the statement is presented as a fact. If someone is just giving their opinion about you, it may not be nice, but it may also not warrant a lawsuit.
  3. It Must Be False – True statements, even if they hurt your reputation, are not covered under defamation.
  4. The statement Is Published – Published doesn’t necessarily mean typed out and printed. It can also refer to the spoken word or something typed online (such as a social media post).
  5. Damage Must Be Provable – For example, if someone charges you with a crime you didn’t commit, indicates that you have a terrible disease you don’t have, hurts your ability to do business by means of a false statement, or imputes a false lack of chastity, these are all things that can cause damage. This isn’t a comprehensive list but can give you the general idea of the type of statements we are talking about.

T. Burd Law Group Can Help with Your California Defamation Litigation

T. Burd Law Group is experienced in helping victims to receive compensation for damages due to defamation. To see if you have a case, get in touch with us today via our online contact form or call us at 858-215-2873.



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