Atlanta Injury Lawyer | Claims of Defamation

by tywilson on October 3, 2011

In recent years, claims of defamation caused by statements made on line have increased. The use of social networking services, blogs, video services, and forums have increased people’s ability to communicate, but have also increased their exposure to potential lawsuits when they make derogatory or defamatory statements using the services.

Specific laws in most US States cover acts of defamation. The laws in your particular state will determine the severity of the defamatory remark, and the compensation required for the injured party. For most private legal purposes, defamation is defined as a derogatory or injurious remark against another person, made in negligence. The statement or comment must be verifiable as true or false, and cause significant harm or injury to that person’s reputation. In the case of a claim, it is the responsibility of the defendant to prove that the statement is true.

In certain states, including Georgia, the law states that certain types of statements are “defamatory per se.” These statements infer a specific type of injury: any statement that charges the person in the perpetration of a crime, charges the person with having some disease, being the subject of an act that would exclude him or her from society, or any comment about the person’s trade or profession, is considered defamation per se under the law.

Should an individual be found responsible in court for making defamatory comments against another person, the guilty party may be responsible for paying for the injuries caused by the comment. This may include pain and suffering, mental anguish, and the reimbursement for any medical bills from conditions arising out of the defamatory remark. For instance treatment for anxiety, or other physical manifestations of anxiety, may be covered under the compensation claim.

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