These days, many people are offended with various kinds of intimidating remarks on the internet that could be offensive posts or tweets. If any such incident happens with you too then you have every right to sue the person. However, fighting any defamation case is quite a complex legal procedure. Therefore, we will discuss about the necessary steps that is needed to follow for taking up such case.
To begin with, you must try to establish whether your case can be considered as defamation case. Some remarks may be constructive criticism or a wild suggestion too. Taking up such statement under the preview of defamation would be too naïve. Therefore, you have to consider the implication of the offense in very rational manner and try to establish various legal elements. You may take advice from certain lawyer like Aaron Minc who is an established lawyer for online defamation cases.
Few elements of defamation
In the USA, there are some differences about the requirements of defamation in various states, however to establish prima facie following elements must be present in your case.
- The statement given in the posting or tweet is totally false.
- It must damage the reputation of the person who has been defamed.
- Offensive remarks are given without taking any permission of the person, who has been defamed
- Offensive statement may be against a person or any organization
In case you are public figure
Many public figures are often criticized on the internet and various other media. In case of public figure, you have to collect lots of proof to prove that you are really defamed. In fact, you need to prove that the defamer has either no knowledge of actual truth or he was reckless and made a sweeping statement without establishing the facts.
Calculate the damage
Normally, the damages caused by defamation are of following types
- Actual damage
This type of damage can be easily quantified like if a person suffers a loss in his business, property or in his profession and also the expenses that he has to bear to fight the defamation case etc.
- Assumed damage
This can be in the form of repercussions that may or may not happen due to defamation, which will be decided by the court.
- Punitive damage
This is the damage which is meant for punishing the culprit for making such offensive remark against the defendant.
According to defamation removal law you need sufficient evidences to prove your case in the court. So, you have to gather various evidences like the offensive statement, damages that has been caused to you, print out of various emails or remarks from others, which has caused you distress, list of witnesses who can verify that they have read or seen the offensive remarks. You must take help of your attorney to collect these evidences.
Hire an attorney
Defamation cases are very complex in nature and therefore you must immediately hire a competent lawyer and follow his advice on every step while fighting the case.