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.
A plaintiff seeking to sue a defendant for defamation should seek the advice of an experienced West Palm Beach defamation lawyer. To establish a cause of action for defamation, a West Palm Beach defamation lawyer will prove that 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. Defamation of a private person has five elements under Florida law
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Publication to a third party;
A false statement;
Fault, amounting to at least negligence, in distributing the publication;
Actual damages; and
A defamatory statement.
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.
Blog for Defamation Action
- Establishing Statement Communicated a False Fact
Description: West Palm Beach Defamation Lawyers | Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.
- Establishing the elements of Defamation
Description: Determining Whether Defamation is Libel or Slander
Library for Defamation Action:
- Determine Whether Defamation was Libel or Slander
Description: West Palm Beach Defamation lawyers | Sharmin & Sharmin P.A. 1-800-74-TRIAL. - Proving the Falsity of a Statement
Description: West Palm Beach defamation lawyers | Sharmin & Sharmin P.A. call 1-800-74-TRIAL
