A New Mexico Defamation Lawyer is Ready to Fight for Your Reputation

Becoming a victim of defamation can have a profound impact on your personal and professional life. It can put your reputation on the line and affect the viability of your business or career. Understanding how New Mexico defamation law works can help you protect your rights, fend off unfounded claims, and secure the compensation you deserve if you’ve been defamed. Partnering with a dedicated New Mexico defamation lawyer can help you navigate the journey ahead and reclaim your good name. Find out more at Late Night Law. 

What You Need to Know About New Mexico Defamation Law

In New Mexico, defamation is defined as a false statement that injures a person’s reputation. The legal elements required to sustain a claim for defamation in New Mexico are:

• A false statement
• Made about a person to a third party
• That is understood by the third party to have a defamatory meaning, and causes injury to the person’s reputation
• If the victim is a public figure (i.e., a famous person or public official) the statement must be intentionally or reckless false.
• If the victim is a private person, the statement may only be negligently false

In New Mexico, There is No Difference Between Libel and Slander

Many states still recognize the common law distinction between libel (i.e., defamation that is written, published, or broadcast) and slander (i.e., defamation that is verbalized in an interpersonal conversation). However, New Mexico courts do not recognize the distinction between libel and slander. In New Mexico, defamation is just… defamation as set forth in the case of Reed v. Melnick.

Also, There is No Difference Between “Per Se” and “Per Quod”

Many states also recognize the common law distinction between defamation per se and defamation per quod. Defamation classified as “per se” has historically been actionable without proof of harm, as some types of false statement are considered so intrinsically damaging that injury is presumed. Traditionally, these types of defamation include false allegations of: (1) a criminal offense, (2) professional incompetence or misconduct, (3) a communicable disease, or (4) sexual promiscuity or impotence. Defamation classified as “per quod,” on the other hand, is not damaging on its face, and extrinsic facts must be shown to prove its defamatory nature.

However, the courts of New Mexico have abolished this distinction between defamation “per se” and defamation “per quod,” which was seen in the case of Smith v. Durden. Thus, unlike in other states, proof of damages is always required to sustain a claim for defamation in New Mexico.

Other Aspects to Keep in Mind

Consulting with a New Mexico defamation lawyer can help you understand your options. Here are a few more aspects worth keeping in mind about New Mexico defamation law: 

Statute of Limitations.

The statute of limitations for defamation in New Mexico is three years from the date the defamatory statement was made, or from when the victim discovered (or reasonably should have discovered) the defamation.

Proof of Damages.

Because New Mexico courts do not recognize the doctrine of defamation per se, damages cannot be presumed no matter how awful a defamatory statement is.Sustaining a claim for defamation in New Mexico always requires proof of damages.

The Level of Intent Matters.

If the victim of defamation is a public figure (i.e., a famous person or public official) it must be shown that the defamatory statement was made with actual malice. Actual malice occurs when the defendant (the person accused of committing defamation) knowingly makes false statements or makes false statements with reckless disregard for the truth.

Private individuals, however, are not required to prove actual malice, and may sustain a claim for defamation by showing merely that the defamatory statement was made negligently.

New Mexico Defamation Liability Has Limits

Under New Mexico law, there are limits to whether you can bring a defamation claim. These include:

You Can’t Sue the Government. The New Mexico Tort Claims Act places strict limitations on when you can sue a government body. In New Mexico, you cannot bring a defamation claim against the government, or against a government employee if the defamation was committed within the course of the employee’s duties.

Statements Made in Court Are Privileged. Defamatory statements made by lawyers and their clients during court cases, or outside of court but in connection with a court case, are generally privileged against defamation liability, and cannot form the basis of a lawsuit.

Truth is Always a Defense. Think twice before accusing someone of defamation. If they can prove that their statements were true, there is no liability for defamation, and you will lose your case.

How a New Mexico Defamation Lawyer Can Help You

Partnering with a New Mexico defamation lawyer can help to safeguard your reputation. The role of a New Mexico defamation attorney may include: 

Free Initial Consultation. We offer a free initial consultation to potential clients. While an initial consultation alone does not create an attorney-client relationship, as a potential client, your initial consultation is confidential and privileged. This helps us get a sense of your situation, and we can give you a sense of what your options may be. 

Assessing Evidence. If it appears that your matter is something we can help with, we next assess the evidence you provide us, to determine whether the statements being made about you qualify as defamation under New Mexico law. Such evidence may include screenshots and web pages, social media posts, news articles, witness statements, or audio recordings. 

Reviewing Your Options. Typically, your options may include civil litigation, cease-and-desist letters, settlement demand letters, pre-litigation negotiation and mediation, or content removal requests to social media platforms and news outlets.  We tailor our approach to each individual situation.

Steps to Take if You Are a Victim of Defamation in New Mexico 

If you are a victim of defamation in New Mexico and believe that statements being made about you are false and damaging to your reputation, it is important to be proactive. Here are some of the steps to take to safeguard your rights: 

• Act Quickly. While New Mexico has a three-year statute of limitations for defamation, it is usually better to act sooner rather than later. 
• Keep Records. Collect all relevant evidence of the defamation. You should also keep records of any financial or career-related impact that the defamation has caused. 
• Seek out a New Mexico defamation lawyer. A New Mexico defamation lawyer can help you understand the 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.

Contact a Defamation Lawyer in New Mexico to Protect Your Reputation 

If you are facing a tarnished reputation or hardship due to statements made about you, you are not alone. A defamation attorney at Late Night Law can help you protect your rights and reputation. Contact us today for a free consultation at (505) 225-2623.