Hire the Right Defamation of Character Lawyer to Rebuild Your Reputation

A defamation of character lawyer deals with exactly that—defamation of character, when false statements made about you damage your reputation. Whether you’re being blasted on Instagram, or someone is lying about you behind your back at work, defamation can have a profound impact on your life. It can damage your career, destroy your relationships, and tarnish your good name in the community. 

With so much at stake, if you believe you are a victim of defamation, do not delay in seeking help. At Late Night Law, our defamation of character lawyers can help protect your reputation and uphold your rights. Contact us today to schedule a free initial consultation.  

Key Elements of Defamation of Character

Defamation is a form of speech that is not protected by the First Amendment. Defamation occurs when a false statement made to third parties damages the reputation of an individual or a business. To sustain a claim for defamation, courts require the following elements be shown: 

• A false statement of fact about an individual or a business
• Made to a third party
• That damages the victim’s reputation 

When the victim is a public figure, i.e., a famous person or public official, the false statement must be made with actual malice. Meaning the statement was made intentionally or with reckless disregard for the truth. When the victim is a private person, the false statement must be made negligently, or with actual malice. 

Whether online or in the community, defamation can impact the reputation of individuals as well as businesses, leading to legal action. Private individuals and public figures have different requirements when it comes to building a defamation case. However, with the right defamation of character lawyer by your side, you can identify a statement that is defamatory and take steps to uphold your rights. 

Types Of Defamation

Defamation can take different forms. These include:

Libel

Libel refers to written, published or broadcast defamation, such as in newspapers, blogs, books, social media posts, radio or TV broadcasts, or online videos. Online libel is particularly harmful, because it tends to stick around for longer and can be easily shared and stored.

Slander

Slander refers to a defamatory statement that is verbalized or spoken to a third party, usually in an interpersonal conversation, such as in person or over the phone. Although New Mexico courts no longer recognize any legal distinction between libel and slander, Colorado and many other states still do. In both cases, the statement is considered defamatory when it reaches others and harms a person’s reputation. A libel and slander attorney can help you develop the best legal strategy for your needs. 

Defamation Per Se

Defamation “per se” is a doctrine that recognizes certain types of defamatory statement as intrinsically damaging, so that the victim need not prove damages in order to sustain a claim. Traditionally, the four types of defamation per se include false allegations of: (1) a criminal offense, (2) professional misconduct or incompetence, (3) a communicable disease, or (4) promiscuity, impotence, or serious sexual misconduct. New Mexico courts no longer recognize this doctrine, and require that damages be proven in all defamation cases. However, Colorado and many other states still recognize defamation per se.

Defamation Per Quod

Defamation “per quod” refers to any defamation other than defamation per se. When defamation is “per quod,” it means that extrinsic evidence or innuendo must be shown in order to establish the defamatory nature of the statements. Defamation per quod requires proof of damages.

Online and Social Media Defamation

Online defamation is increasingly common, and severe. Unlike traditional media, online defamation can go viral, adding severity to the claim and causing long-lasting damage to the victim. A social media defamation lawyer can help you determine if statements online, whether on Instagram, Twitter, YouTube, or other platforms, can constitute defamation.  

Because online and social media defamation is relatively new, it presents unique challenges, such as identifying anonymous posters and dealing with the global reach of the internet. What’s more, social media can be a breeding ground for other illegal actions, such as doxxing, cyberstalking, harassment, and revenge porn. If you are the victim of any of these activities, contact us for a free consultation.

Additional Things to Consider About Defamation of Character

When you are the target of defamation, it is not always possible to sue. There are limits to the types of statement that give rise to liability. These limits include the following:

Statements of Opinion Are Protected. Generally, statements of opinion are protected by the First Amendment. However, when a statement of opinion implies a fact basis, and that fact basis is not clearly articulated in the statement, the statement may be considered defamatory. 

Government Officials Are Protected. Government entities cannot be sued for defamation, and government employees cannot be sued for defamation if the defamatory statements are made while the employee is acting within the course and scope of their job duties.  

Statements Made in Court Are Privileged. Statements made by parties or their attorneys in court, or outside of court but in regard to ongoing judicial matters, are privileged from defamation liability. This is called the “absolute privilege” against defamation liability. While these kinds of false statement may incur other forms of liability, they cannot form the basis of a defamation lawsuit. 

Truth Is Always a Defense. Truth is an affirmative defense to an allegation of defamation. If the defendant in a defamation case can prove that their statements were true, there is no liability for defamation. 

An Overview Of Defamation Laws

Defamation laws in the United States are subject to both state and federal law. Navigating these laws can be complex, making it essential to work with an experienced defamation of character lawyer.

Federal Law Provides Guidelines. In the U.S., defamation is a matter of state law. However, federal law in the form of landmark Supreme Court cases provides important guidelines. Mostly, these are designed to balance First Amendment rights with the right to protect your reputation.  These cases also clarify when state courts will or won’t have jurisdiction over defamation claims against an out-of-state defendant, which is important in the era of social media defamation, which often occurs across state lines.

State-Specific Defamation Laws: Colorado Vs New Mexico 

With defamation lawyers in both Colorado and New Mexico, our team understands the legal landscape for defamation claims. Here are some key differences between the defamation laws in Colorado and New Mexico:  

Colorado has a one-year statute of limitations for defamation claims, while defamation in New Mexico has a three-year statute of limitations. 

Colorado recognizes the doctrine of defamation per se, while New Mexico does not. Thus, to sustain a defamation claim in New Mexico, you must prove specific damages.

New Mexico makes no legal distinction between libel and slander, while Colorado still recognizes this distinction. 

Key Steps To Take As A Victim Of Defamation

If you are a victim of defamation, revenge porn, online harassment, or invasion of privacy, and believe that allegations or content about you is false or is causing damage to your reputation, it is important to act fast. Here are some of the steps to take to safeguard your rights:  

• Act Quickly. Colorado has one of the strictest Statutes of Limitations for defamation. You’ll only have one year to file your claim.
• Keep Records. Collect all relevant evidence such as statements and publications. You should also record any financial or career-related impact that the statement has caused, especially in New Mexico, where defamation plaintiffs must prove specific damages. 
• Talk to a Defamation of Character Lawyer. A Colorado defamation lawyer, or a New Mexico defamation lawyer if you are in New Mexico, can help you understand defamation law and assess your options.
• Evaluate the impact the defamatory statements have had on your life. It is important to evaluate the impact of defamatory statements, as they can help the attorneys to understand your case and formulate an appropriate strategy.

Why Work with a Defamation of Character Lawyer from Late Night Law?

Selecting the right legal representation can make a big difference. At Late Night Law, our team has experience in protecting victims of defamation and fighting in their corner.  Here’s what to expect from our legal team:

Experience. With our experience in defamation cases, Late Night Law offers solid legal representation and unique insights in the process of litigating defamation claims. 

Unique Strategies. With a focused approach in libel, slander, and social media defamation, the attorneys at Late Night Law can help address each case using custom strategies to achieve the best possible outcome for victims.

Client Support. At Late Night Law, we understand how devastating defamation can be. That is why we provide prompt communication, timely updates, and customized help, so that you can navigate the legal journey ahead with confidence. 

Late Night Law is Your Partner to Fight Defamation

When it comes to protecting your good name in a defamation matter, having the right defamation of character lawyer by your side can make a difference. Get in touch with a dedicated defamation of character lawyer at Late Night Law to fight in your corner. Take the first step towards defending your reputation and contact us today for a free consultation, or call our experienced defamation of character lawyers at (505) 225-2623.