Under Florida law, a defamation cause of action is defined as the unprivileged publication of false statements that naturally and proximately result in an injury to another. A plaintiff may commence a cause of action for defamation when the defendant has communicated an unprivileged libelous or slanderous statement to a third party, causing harm to the plaintiff's reputation. Defamation consists of both libel and slander. "Libel" is defined as the unprivileged written publication of false statements that cause injury to the plaintiff. Generally, libel is a malicious publication by writing, printing, picture, sign, or otherwise than by mere speech that exposes any living person or the memory of any deceased person to hatred, contempt, ridicule, or obloquy. "Slander" is generally defined as the speaking of defamatory words that tend to prejudice a plaintiff in his or her reputation, office, trade, business, or means of livelihood. It is not necessary for a West Palm Beach defamation lawyer to specifically plead claims of slander with particularity.

To establish a cause of action for defamation, plaintiff must prove that the defendant published a false statement about the plaintiff to a third party and that the falsity of the statement caused an injury to the plaintiff. A common law defamation action requires an unprivileged publication to a third party of some false and defamatory statement concerning another, with fault amounting to at least negligence on behalf of the publisher, with damage ensuing. The following elements constitute a claim for defamation under Florida law:

• A statement of fact;
  
  

  Which is false;

  Having a defamatory effect;

  Identifying the plaintiff as the subject;

  Published to a third party;

  With malice or ill will by the defendant; and

  Leading to compensable damages to the plaintiff.

  The statute of limitations for a defamation action is four years from when the action accrues. A defamation action accrues at the first publication of the defamatory remark. Therefore, if you believe you have suffered an injury due to a defamatory publication, contact the West Palm Beach defamation lawyers at Sharmin & Sharmin P.A. call 1-800-74-TRIAL