Words matter — and that is never more true than in cases of slander or defamation, when one party’s negative, untrue words about another cause serious harm to their reputation or business. Cases of slander can prove complicated since the injured party must prove what damages they have suffered as a direct result of the other party’s negative or false allegations. However, the defamed party may have the right to seek compensation for the damages related to slander.

Defamation: Defined

Legally, defamation occurs when someone makes untrue statements about another party that lead to negative repercussions for that party. Defamatory statements can include things like:

Untrue accusations of sexual misconduct

Stating that someone committed a crime they did not commit

Distributing information that a business puts its patrons at risk, such as false accusations of poisoning at a restaurant

Communicating a reasonable opinion is not defamation. For example, saying that someone is difficult to get along with or simply communicating something about someone that makes the person uncomfortable is not making a defamatory statement. Furthermore, a defamatory statement must be made to a third party and must cause damage to the plaintiff’s reputation for there to be legal consequences. Legally, defamation is not a crime, but it can have civil consequences.

Public figures often file defamation lawsuits because a statement against their character can change popular opinion about them significantly. However, business owners and private individuals may also have grounds for a defamation lawsuit due to damaged public opinion of them or their business.

The Definition of Slander

Slander is a defamatory statement made verbally, rather than in writing. When the person makes the statement in writing, it is libel, not slander. Because slander is not in writing, it is considered temporary, which can make it more difficult to prove. To establish slander, not only is it necessary to show what was said, but the injured party will need to prove that it was said maliciously and that the slanderer knew that the claims were false. For example, if someone is passing on a rumor that has already been shared with several others and the rumor is later proven to be false, the person may not have known that they were sharing inaccurate information.

Establishing Slander or Defamation

To establish slander or defamation legally, several elements must be in place. First, the person must know that they are speaking untruthfully and make the statement with malicious intent. Next, they must present the information as fact rather than opinion. Finally, the statement must be made to a third party.

To file a civil lawsuit for slander or defamation, the injured party will also need to show that they suffered damages as a direct result of the slanderous statements.

Slander Per Se

“Slander per se” is a legal term that covers slander that is obviously damaging to the injured party’s reputation. “Per se” indicates that the statement speaks for itself: Once the injured party has shown proof that the statement was made, it is clearly damaging to that party’s reputation. Slander per se includes highly damaging statements, including ones claiming sexual, criminal, or professional misconduct.

Recovering Damages Following Slander or Defamation

Following a case of slander or defamation, the injured party may have the right to compensation for the damages suffered because of those untrue remarks. These damages are different from those in personal injury cases, including everything from car accident claims to catastrophic injury claims, since damages will typically not involve a physical injury or medical costs. In cases of defamation, the burden of proof is on the injured party. Not only will they need to show that they suffered slander or defamation, they will need to show what damages they sustained. Working with a lawyer can make it easier for the defamed party to convincingly lay out all the damages they suffered as a result of the slanderous claims. Possible damages include:

Wage or Earning Losses

Damage to professional reputation can lead to significant wage losses. The defamed party may struggle to get a job in their field due to the false statements made about them. They may miss out on a job opportunity directly or have trouble securing employment in their chosen field as those negative statements make their way through a professional network.

Lost Business

Slanderous statements can cause people to seek other places to do their business, especially in cases of severe reputational damage. If the injured party can show that the slanderous statements caused a significant loss of business, they can pursue compensation for those losses. The injured party may want to show the decrease in traffic to the business or the change in sales before and after the alleged statements.

Treatment Costs

Victims of slander or defamation, like those involved in other incidents with psychological impact, may choose to seek treatment to help them cope with the emotional impact of those statements. They may spend significant time in therapy or even need medical intervention, which can be a substantial expense. As part of a defamation lawsuit, they can claim compensation for those costs.

Pain and Suffering

Like other types of injury claims, a claim for slander or defamation can include compensation for the victim’s suffering related to the incident. Slanderous statements can cause significant emotional distress, as can the devastating loss of reputation that follows some types of slanderous statements.

Punitive Damages

When the defendant clearly acted maliciously, with deliberate intent to ruin the other party’s reputation, the court may assign punitive damages. Punitive damages are intended to punish the slanderer and deter the behavior in the future.

Nominal Damages

Even in cases in which the slander or defamation did not cause direct financial harm, the court may award nominal damages. While the monetary is small, nominal damages are given to acknowledge a legal right was violated, hold the defendant accountable, and open the door for other damages.

How an Attorney Can Help

An attorney brings numerous advantages to a slander or defamation case. An attorney can:

Assess the extent of the damages

Collect proof of the slander or defamation

Present the case in court

Ensure that the injured party understands their legal rights

Working closely with a lawyer improves the odds that victims of slander or defamation will recover fair compensation for their damages.