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Are there specific elements to defamation claims?

by | Nov 17, 2021 | Defamation

People may become enraged when they read lies or false claims about them. Upon reading published inaccuracies that cause harm, the injured party might file a defamation suit in a civil courtroom. Defamation cases require the plaintiff to provide proof that meets the elements of defamation under Texas law.

A matter of defaming someone

Defamation involves a party publishing false information that causes harm to a person’s livelihood. For instance, a blogger may have a vendetta against an insurance adjuster and make false claims suggesting that the adjuster engages in criminal behavior, such as fraud. The comments could cause a noticeable drop in business, leading to a defamation suit.

The above example displays elements associated with defamation. Namely, someone published falsehoods that caused another person injury.

The term “published” deserves a closer look. Traditionally, published comments referred to printed articles or opinion pieces in magazines or newsletters. In the modern age, blogs and social media sites could be the source of defamatory statements. Also, something need not appear in print to cause harm. A television report or a YouTube video could serve as the basis for defamatory comments.

Special considerations for defamation cases

One unique element to defamation laws centers on the high bar required to defame public figures. A defamation case involving a public figure could require proving that the defendants acted with malice and a deliberate attempt to harm.

Even persons who are not public figures may be unable to sue if the false statements happened under “privileged” circumstances. Witness testimony would be an example of a privileged statement.

As with other types of personal injury lawsuits, the statute of limitations applies to defamation claims. In Texas, injured parties have one year to file a defamation lawsuit, or they lose their legal option

This is Your Reputation at Stake! Act Now!!  Wait To Talk To An Texas Defamation Attorney. Call Our Office Today

When your reputation is on the line, it is important to talk to an attorney you can trust. To discuss your case, call our firm now at 713-231-9288 today. You can also fill out our contact form online. We have offices in Houston, Dallas and McAllen to help defamed clients across Texas.


Rose Sanders Law Firm

1 Greenway Plaza, Suite 100
Houston, TX
77046
(713) 221-3773
https://www.rosesanderslaw.com/

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