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Asset Protection AttorneyBoca Raton Business Succession Planning AttorneyBoca Raton Estate Planning AttorneyCharitable Trust RulesDefamation Lawyer Near MeElder Law Boca RatonLiving Will LawyerPower of Attorney Boca RatonPrivacy Lawyers Boca RatonProbate Attorney Boca RatonReputation Management LawyersRevocable Trust Vs. Irrevocable TrustSexual Harassment in the WorkplaceSexual Harassment LawyersSlander LawyersSocial Security Appeal AttorneySpecial Needs TrustPersonal injury law covers damage to the reputation of a person because of a lie. In a defamation lawsuit, a plaintiff must prove that a false statement was published to a third person, that this statement injured the plaintiff's reputation, and that the plaintiff is therefore entitled to damages.
The intentional tort of defamation recognizes two types: slander and libel. Slander covers a spoken false statement, and libel covers a written false statement. Both fall under either category as defamation per se — a statement the court finds is obviously defamatory — or defamation per quod — a statement that might not be obviously harmful but where the plaintiff proves harm resulted from it.
Defamation cases are very fact-driven and can be lengthy and expensive, often consisting of numerous interrogatories and depositions to prove facts and actual damages to a plaintiff's business, trade, property, career, or occupation. Defamation damages also include expenses the plaintiff has incurred for damage control and reputation repair — such as hiring a public relations firm or a social media monitoring agency.
Other expenses in damage calculations can include compensatory damages such as medical visits for stress, depression, sleep disorders, and other symptoms inflicted by the defamation. A monetary value can also be applied to hurt feelings, shame, and mortification — these can fall under assumed damages where a court presumes harm even if the plaintiff cannot prove actual damages. Furthermore, if the plaintiff proves that the defendant acted with malice or fraud, the court can award punitive damages.
Generally, defamation lawyers are retained on an hourly fee basis, but may also agree to represent you on a hybrid fee structure combining a lower hourly rate with a contingency fee. Your attorney will most likely work on a contingency basis, receiving a percentage of the net recovery — usually 25% to 40% after attorney cost reimbursement. The percentage increases as the case moves from pre-filing through active litigation.
If you are defending your statement as true, the attorney will most likely charge by the hour. Hourly fees typically require a retainer and vary by state as each state's bar regulations impose fee limitations.
Like all personal injury attorneys, defamation lawyers evaluate each case individually to determine its merits and the likelihood of success. Contact The Berman Law Group in Boca Raton for a consultation. Related practice areas include slander lawyers and privacy lawyers.
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Boca Raton Office: 3351 NW Boca Raton Blvd, Boca Raton, FL 33431. Phone: (561) 338-7594 • Fax: (561) 826-5201 Stuart Office: 789 South Federal Highway, Stuart, FL 34994. Phone: (772) 283-9200 • Fax: (772) 283-9229 Orlando Office: 37 North Orange Ave, Orlando, FL 32801. Phone: (407) 926-6610 Gainesville Office: 805 Northwest 13th Street, Gainesville, FL 32601. Phone: (352) 514-3791 • Fax: (561) 826-5201← Back to Boca Raton Law Firms • BocaRaton.com Home
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