Defamation includes both libel (written words) and slander (spoken words) that somebody asserts as a statement of fact, which is untrue, published to a third-party, and which results in damages. These are extremely difficult cases to prove because, in the vast majority of instances, the alleged defamatory statements are asserted as opinion, not as statements of fact. Statements of opinion are protected free speech and are not actionable. Moreover, even in the cases where defamatory statements are asserted as being fact, damages are often difficult or impossible to prove.
There are certain instances of defamation where damages may be presumed, such as where a false statement is made and which affects an individual’s business reputation, or falsely asserting that somebody has a loathsome disease. However, in those cases, the injured party may be limited to recovering only nominal damages.
The firm handles defamation cases and routinely advises clients who are accused of defamation or feel they are victims.