When Can I Sue for Defamation of Character & Punitive Damages?
Are Lies & Scandal Destroying Your Career or Personal Life?
Deceit, scandal, disparagement, calumny, or what ever term you want to call a lie, is a dangerous thing! Lies and scandal can destroy who you are in the public eye, and what's even worse is that a lie or scandal can destroy everything in it's path, from family to society as a whole if it be told. If someone you work or have worked with is a scandalous co-worker or an ex spouse has been telling vicious lies about you to your employer, causing you to get fired from your job, then you know how quickly and easily a lie can destroy your life.
As disparagement and scandal seem to be flooding the world, due to sociopath behaviors based on self greed, resulting in the above example or even worse, such as an ex spouse brainwashing your children with deceit to cause Parental Alienation, or telling lies in family court, to a social worker, legal GAL, your children’s school, or your community, knowing if you can sue for defamation of character and punitive damages that the written or spoken disparagement or scandals have caused is a valuable piece of knowledge that everyone should have.
Now I am not a lawyer or attorney, nor am I a legal professional, otherwise, I would not be able to provide you with the information on when and how to sue for defamation of character from libel or slander and punitive damages. However, I am someone who unfortunately has had to deal with the sociopath ex spouse who has brainwashed my children with deceit, as well as told numerous lies in family court. Unable to afford the retention fee lawyers and attorneys charge as well as unable to qualify for legal aid, I've had to research many laws for myself, so that I could protect my rights. Moreover, if I were a legal professional I could actually be sued for informing and helping you to know your rights, as lawyers and attorneys do not like other legal professionals, lawers or attorneys to inform people on their rights without a price as that allows for people to represent themselves pro se to protect their rights. I know that sounds bad, but don't blame the lawyers and attorneys, after all, they need job security right? Nevertheless, you have a right to know what your rights are, which is why I wanted to make it easier for you to know your rights on if and when you can sue for defamation of character from libel or slander and punitive damages by providing you with answers that a typical lawyer consultation will provide so that you can skip that attorney consultation fee and if you like even skip all the lawyer fees by going pro se to get your defamation of character tort filed faster.
Can I Sue for Defamation of Character from Libel or Slander?
Now you can ask a lawyer or attorney if you can sue for defamation of character from libel or slander and punitive damages, however, a lot of lawyers and attorneys have a consultation fee just to discuss what is or is not a violation of your rights. If you are wanting to know if you can sue for defamation of character from libel or slander and punitive damages, let me start with what your typical lawyer will tell you and save you the consultation fee: “Well, that depends on the statement that was said or documented, whether the statement is false, if the person who made the false statement knew the statement was false, when the false statement was made, and if there were any damages caused by the statement.” However, there’s a little more going on in that lawyer's brain when you are providing your answers to those questions, as each state’s laws are a little different, and that lawyer is comparing your answers to what the jury will be looking for according to your state’s laws.
How to Determine if You Can Sue for Defamation of Character
As each state's laws vary from one to another, you will need to do an internet search for your state's civil jury instruction for defamation or calumny. What you will find is that you can sue for defamation of character from libel or slander as long as the questions that require a yes or no answer are answered with a yes, you are able to prove the answers to the attorney questions above about what was said or written etc., you pursue a lawsuit on the scandalous act within the time frame that your state allows you to act from when the scandalous act was made, and maybe even a few others depending on your state. If you cannot prove the answers to the questions regarding what was said or written, you could end up with the judgment on you if the scandalous person knows their rights and turns the lawsuit on you with a counter suit.
To find out what other requirements you might have to prove to the civil court (also known as the circuit court or district court depending on the state you live in), just do that internet search on your state’s civil jury instruction for defamation, and look for a search result with a URL or website address containing your state’s name or abbreviation, as well as any of the following words and terms: jury instruction, defamation, calumny, libel, slander, compilation committee, or compilation commission as they will generally provide you with the most valid information on if you can sue for defamation from libel or slander including what you would need to prove to the civil court which will make your defamation tort more successful.
Get That Defamation Tort in Motion
Once you have done a search for your state’s jury instruction for defamation or calumny and found whether you can prove what your state requires you to prove you can then make an informed decision on if you can sue for defamation of character from libel or slander and punitive damages, and decide whether to hire a lawyer or attorney. If you do have a case of defamation and decide not to hire a lawyer or attorney you can file a tort of defamation pro se at your local civil court (circuit court or district court) house. If you decide to sue for defamation pro se, just remember that the lawsuit and judgment can be turned around and put on you with a counter suit, so make sure your evidence can prove the defamation without a shadow of a doubt.
Copyright © 3/24/2012 by Higher Education
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