As the saying on schoolyards goes, words can never hurt you. Unfortunately, this is far from the truth. Someone speaking ill of your character can seriously damage your personal or professional life.
To prove defamation, you must show false statements are interfering with your reputation.
Identifying the false statement
The first step in proving defamation involves pinpointing the untrue declaration. The framing of this statement must imply that it is factual. Alleging that you are having an affair is a factual statement. On the other hand, saying you are dishonest remains an opinion. Only untruthful, fact-based statements qualify as defamation.
Gathering evidence
Next, collect evidence of the defamatory statement. When it comes to written statements, such as those in an article, social media post or email, save a copy. In cases where the comment is verbal, try to obtain a recording. Alternatively, have those with exposure to the speech provide written testimonies.
Proving the statement is false
Gather documents or other evidence that contradicts the defamatory language. For example, if someone claims you stole money, produce financial records showing otherwise.
Explaining the harm
Finally, detail how the defamatory statement is responsible for your troubles. Build a case for resulting financial losses, emotional distress or damage to personal relationships. Collect evidence of lost job opportunities, canceled contracts or admissions from people who changed their opinion of you because of the scurrilous allegation.
Although tricky, you can build a strong argument for someone defaming you. With a courtroom win in the books, the damage to your character should cease, plus the person making false statements will face justice.
