Personal Injury Defense

Personal injury Intentional Torts Lawyers in Chapel Hill, Raleigh, Durham

Defamation Lawyer in North Carolina | Slander Attorney NC

Defamation involves the communication of a defamatory statement causing injuries to ones reputation.  A lawyer for this type of slander or defamation in North Carolina can help.  A defamatory statement must cause injuries to the plaintiff's reputation. The theory is that by communicating false information to third parties, the defendant is hurting the plaintiff's relationships and connections with third parties. To explain it with an example, Jim tells Robert and David that Chris is a lawyer who steals his clients' money and divulges confidential attorney client information. This is in fact not true. Chris would be able to file suit against Jim for defamation.

First, defamation must involve at least three parties: the person being defamed, the person publishing the information, and the third party hearing the information. For example, if Sally tells Rita that she is a prostitute who has herpes, when in fact none of this is true, Rita has no action against Sally unless a third party hears it. In fact, if a Czech man who does not understand English was sitting in the room, there would still be no cause of action because the Czech man did not understand the statements so there is no way the relationship between the Czech man and Rita would be adversely affected.

Another essential element of slander and defamation is that the statement must be false comprising of false information if a lawsuit were to take place. Truth is an absolute defense. Thus, if Jennifer tells fifteen people that Charles is homosexual, Charles will not have an action against Jennifer if he is indeed homosexual. It is also very important to note that the defamatory statements about the individuals only have to be held to be contemptible to a large segment of society. It has nothing to do with whether there is anything wrong about the feature or trait. Thus, even though most people may not have anything against homosexuality, Jennifer's statement concerning Charles can be considered defamatory because there is a large enough sector of the population that disapproves of homosexuality that Charles' reputation can be at stake.

The publication of the defamatory statements must involve behavior that is at least negligent, if not intentional. Thus, if John is talking about how Sandra is a lying thief, and Eric hears the statements while eavesdropping on John, John has not published these statements to Eric, and no defamation has occurred.

There are two general categories for defamation in the realm of persona injury. The first one is slander, which is generally spoken. Libel is when something is actually published, generally in a newspaper. However, modern technology has made many forms of libel spoken too. Examples would be making defamatory statements on television, in videos, or on the Internet.

In general, one must prove special damages for a defamation case unless the statements fall under a slander per se category. These categories include: statements about dishonest dealings in one's profession, statements about committing a serious crime, statements concerning the plaintiff having a loathsome disease, and the imputed unchastely of a woman.

The attorneys and lawyers of Everett Law Firm, P.A. understand the issues surrounding defamation and slander in North Carolina. For a free legal consultation, feel free to email us or call our office, conveniently located in Chapel Hill, to discuss your case. Our toll free phone number is (800) 942-8048.