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Florida Defamation Law

In Florida,defamation is generally defined as an unprivileged publication of false statements that naturally and proximately result in an injury to another. Under Florida law, defamation includes both libel and slander.

Libel is defined as the unprivileged written publication of false statements that cause injury. A writing includes a picture, effigy, sign, or otherwise than by speech. In order for the writing to be actionable it must expose the victim to hatred, contempt, or ridicule that causes a person to be shunned or avoided or that has a tendency to injure any person, corporation, or association in his, her, or its business or occupation.

Under Florida law, slander is a spoken statement that is published to others and that tends to damage that person’s reputation, ability to conduct that person’s business or profession, and that holds that person up to disgrace and humiliation.

A defamatory statement does not become actionable until it is published or communicated to a third person and proof of publication is a necessary to be found liable for defamation.

A good piece of advice if you believe you have a defamation claim (libel or slander), is to speak with an experienced personal injury lawyer to learn about your rights, including whether or not a publication has occurred (retweeting a falsehood is likely not defamation). The sooner you act the better, because there are time limits in Florida to file a lawsuit (statute of limitations).

Examples of Florida Defamation Cases Where Plaintiffs Were Victorious

Read about three interesting court cases that demonstrate how victims of libel or slander have found justice.

Florida Defamation of Character Lawsuits

There are certain issues you need to know prior to filing a defamation lawsuit, including the falsity of the statement caused injury to the plaintiff.

Defamation Per Se: When Libel or Slander Is So Bad, Do You Need Evidence of Damages Before Punitive Damages Can Be Awarded?

There are certain defamation of character cases in the state of Florida where no evidence of harm is required, like when someone falsely states a person has been involved in some kind of criminal activity.

Florida Defamation of Character Claims

“Libel” and “slander” make-up defamation of character, and, committing one of these acts in Florida can be the basis of a civil lawsuit for damages.

What Damages Are Recoverable In A Defamation of Character Claim?

There are four types of damages you may be entitled to recover in a defamation lawsuit.

Will An Insurance Policy Cover Damages for Libel or Slander? Defamation Claims are Personal Injury Claims That May Not Be Covered By Standard Coverage Policy

Prior to pursuing a defamation lawsuit, you should determine if there are any funds available to pay for a judgment award.




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