A personal injury lawsuit is one where a plaintiff must prove that they suffered damage to the body or mind and in some cases even their emotions as a result of another persons’ actions.
In a situation where one is physically injured in a car accident for instance it is easy to show from medical reports the extent of the suffering. How long the victim was out of work as a result can be shown with employee reports. But how can a Missouri personal injury lawyer show that their client has suffered emotional distress by someone slandering their name?
By definition defamation is a statement made that ultimately harms a persons’ reputation. We see cases in the news from time to time where a noted celebrity sues a tabloid for libel. Libel is written and published defamation, while slander is verbal. Because of freedom of speech laws, defamation is not an arrestable offense. Instead, if you feel you are the victim of either slander or libel you must take the matter to civil court where it will be treated as a personal injury lawsuit.
Proving defamation is difficult and requires the services of a skilled Missouri personal injury attorney. They will first have to prove that the statement in question was indeed made against you. Particularly hard in slander cases. Then they will have to show how the statement caused injury to your reputation. Maybe it made you embarrassed in your place of work or caused strife in your marriage. Lastly there must be proof that the statement is in fact false. Defamation does not exist if what is said or published is a true statement. No matter how hurtful it may be.
Missouri Defamation Case
A Missouri city councilman filed a defamation lawsuit against 4 city officials and a private investigator earlier this year. He claims that false complaints filed against him with the human rights commission forced him to withdraw from the cities mayoral race. The loss of reputation and the subsequent feeling that he had to step down from the campaign is what would be considered the injury he suffered in this instance. It will be up to his Missouri personal injury lawyer to prove that the statements made about him where not true and caused him professional and personal embarrassment. He will also have to show that the statements made against his client were done so with malice, or intent to harm.
Libel cases can be especially difficult for a Missouri personal injury attorney where the defendant is a member of the media. In situations such as this it is up to the plaintiff to prove that the statements made against him were false instead of the defense having to prove there validity. So if, for example, an article is published in a local newspaper claiming that a city official is siphoning funds, that official must show how that is not a true statement.
Missouri Personal Injury Lawyer
If a person feels that they have been victimized by libel or slander they should immediately contact a Missouri personal injury lawyer who has experience in such matters. These types of cases are difficult to prove and only someone with successful prior experience can help you to get any damages that are owed to you and help you to restore your reputation.
