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New York City Defamation Lawyer

Your reputation is priceless. Unfortunately, the internet has made it easier than ever before for people to defame you. At Carey & Associates, P.C., our New York City defamation lawyers are prepared to defend your good name. In the United States, no right is more precious than the right of free speech, but there are limits to this right, and no one can make false statements about another person which causes harm. Call our office today to discuss your case in a confidential setting.

Libel and Slander

Defamation is any statement which tends to expose someone to contempt, aversion, hatred, or would cause many people to form an evil or unsavory opinion about them.

Defamation usually takes the form of libel or slander:

  • Libel: Disparaging someone else’s reputation with written statements.
  • Slander: Disparaging someone’s reputation with oral statements.

Either type of defamation is devastating. It can result in people refusing to work with you or socially avoiding you. Both individuals and businesses can be defamed.

To prove defamation, we need to prove the following elements:

  1. The defendant made a false statement about you. If the statement isn’t false, then you don’t have a claim for defamation;
  2. The defendant published the statement to a third party without authorization;
  3. The defendant was negligent when making the statement;
  4. The false statement harmed you or was defamatory “per se.”

Evidence in a Defamation Case

Carey & Associates can handle either a libel or slander action. In some ways, libel is easier to prove because we can tie the statements to a specific person. Slander—which often is gossip—might be harder to prove.

We need the following evidence to make out a successful defamation claim:

  • Proof the defendant made the statements. Are there tweets, Facebook posts, internet stories which we can tie to the defendant? Please print them out to share. Some people tweet or post anonymously or under fake names.
  • Proof the statement refers to you specifically. The statement doesn’t necessarily have to name you, but there must be enough information to connect it to you.
  • Evidence the statement was false. The burden is on the victim to come forward and show the statement is false. The defendant doesn’t need to prove it is true.
  • Proof of damages. Sometimes, reputational damage is presumed, especially if you are accused of sexual misconduct (such as being a pedophile), financial misconduct, or if the statements affect your professional or business reputation. In most cases, however, you need to prove actual damages caused by the false statement.

What Will a Defendant Argue?

The First Amendment doesn’t provide blanket protection for defendants to make false statements, but the Constitution does stand in tension with defamation law. The First Amendment protects robust and free debate on public issues. Both the constitution and statutory laws provide certain exceptions to defendants, which they might raise.

  1. You are a public figure. Celebrities, politicians, and other public figures have a higher burden of proof in defamation cases. You must prove the defendant either knew the statements were false when they made them or were reckless with regard to the truth. If the defendant was merely careless about the statement’s veracity, then you won’t win.
  2. The statement is true. Truth is an absolute defense to a defamation claim.
  3. The defendant was privileged to publish it. In some situations, the law provides a privilege for making a communication. For example, you can’t sue for defamation if the defendant made the false statement as part of a court proceeding.
  4. No actual damages. In many cases, plaintiffs must prove actual damages—financial harm as a direct result of the false statements. The defendant might claim you can’t prove any damages. Or they could concede you suffered some damage, but much less than you claim.

These are some common defenses. There are others. Please connect with Carey & Associates to talk with a New York City defamation lawyer. We can analyze the strength of your evidence, as well as whether the defendant has a valid defense.

The Statute of Limitations for Defamation in New York

New York gives victims only one year to file a lawsuit for defamation. That isn’t much time. The law exists to incentivize victims to seek justice quickly. Please call a lawyer as soon as possible. If you wait too long, you can lose out on the ability to sue.

If an injurious statement is made about a business, then the business gets three years to sue.

Call to Speak with a Defamation Lawyer in New York City

Our firm is happy to meet for a private consultation. Call (203) 814-1344 or submit information online to talk with one of our lawyers.

Client Testimonials

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Mark and his team at Carey & Associates are incredibly knowledgeable about Employment Law and have walked me through every step of the way. Their approach and guidance has been extremely effective in dealing with my case. They instill a sense of confidence by laying out the facts, caselaw, and risk assessment to help make well informed decisions. I would highly recommend them to anyone looking for an Employment Attorney.

J.K.

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