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What Exactly is Defamation Claim?
Defamation is the false statement against you, put in oral or writing form, which may harm you at a personal or professional level. At a personal level, the consequences of defamation may include family conflicts, divorce, or separation from loved ones. At the professional level, the outcomes may include loss of job or drop in business revenue.
For example, you own a food and beverage company. If someone posted on social media platforms that your products cause severe health damage, although you sell high quality and healthy products, and your business suffered low sales volume, poor brand reputation, loss of revenue and clientele.
Challenges with Defamation Cases
The reason why defamation cases are challenging is complexities when you try to find evidence against lies or false statements against you or your business or occupation.
How will you find evidence for the defamation of character claim?
How will you find the culprit if someone is posting false statements against you using anonymous accounts or names online?
This situation is critical because you may need direct or circumstantial evidence such as copies of posted lies or voice recordings of a conspiracy planned against you or any other demonstrative or physical evidence. This process requires critical thinking, brainstorming ideas, and finding all the facts involved.
Role of Defamation Lawyers
To come up out of such a tricky and daunting situation it is beneficial to take the help of highly experienced defamation lawyers in Perth. The lawyers with extensive training in handling the defamation lawsuits and magic of sheer brilliance and in-depth knowledge of defamation claims can well tackle such cases.
Defamation lawyers may well scrutinize the defamation claim to know if it is just an opinion or fake review, intended for someone other than the person defamed if defamation is privileged and has affected the reputation of the person being defamed.
This step may be followed by supporting your prima facie case, which satisfies all the elements of the defamation claim. The attorney may then start with the process of –
- Conducting legal research about the type of statements, which are considered defamatory
- Collecting documents that act as evidence for the damage caused to you personally or professionally due to defamation
- Interviewing the witnesses and verifying their statements
- Assessing the damage caused to you in terms of business, family life, occupation, revenue, mortification, humiliation and hurt feelings due to defamation of character in the workplace.
Time and Money are Critical Factors
Defamation cases among other lawsuits are highly humiliating and challenging because the process of digging out relevant information is time taking. Moreover, the court trials demand stringent requirements for presenting evidence that you actually suffered a loss due to defamation.
The situation may not always be in your favor. You may have to wait a long time before the false statements create problems so that you can legally prove the harm caused to you. Although you may seek support and guidance from the defamation lawyer, you too need familiarity with the legal strategies. Not knowing the rules of presenting evidence in the right manner may add to your trouble.
The level of complexity in defamation cases vary in regards to your popularity and image in society. Public figures like politicians or actors may face additional problems due to unwanted rumors and newspapers printing fake statements unless there is a reason to doubt any statement at the time of printing.
Again, there are multiple possibilities depending on the competence of defamation lawyer you have hired, experience and use of technology to deliver efficient services or solutions. Considering all the above parameters, the defamation case may increase the overall burden of cost and investment of time.
Defamation lawyers make efforts to prove in court that whatever was written or said against you was false, that the person conducted such act just to harm you, and that you actually suffered the harm.
Well, if you are successfully able to present all the required documents and witnesses testifying all the counter-arguments, you can prove your claim and innocence. Hence, you may accomplish the desired outcome or a verdict of a fair settlement. You can then recover the economic harm such as loss of business revenue, caused to you because of defamation. However, recovering the injury to personal reputation may not be very easy.