Defamation is spreading untruthful statements which harm another person. This harm may be monetary or to their reputation. If you believe you’ve been harmed by defamation, a lawyer can help you pursue civil litigation for the offense, which usually follows a predictable process.

Defamation Lawsuit Process

Consultation

You'll first meet with the lawyer of your choice to determine how to pursue your case. Bring a copy of the defamatory statements, if they were made in writing, or a list of the useful witnesses. You should also bring any evidence you have of how the defamation has affected you financially. As you discuss the case with your lawyer, be thorough. This includes sharing facts which you think may hurt your case. It's much better for your lawyer to know these facts in advance than to be blindsided during the lawsuit.

Filing & Serving the Complaint

The complaint is the paperwork which formally opens the lawsuit. This paperwork must be filed with the court and served to the defendant, following strict legal conditions. Your lawyer will handle this portion of the case.

Discovery & Depositions

During discovery, both the plaintiff and defendant or their representatives will be gathering information about the case, including questioning each other via written requests for information. After the discovery phase, you and the defendant will give your depositions, meaning an interview with the other party's lawyer which will be given under oath.

Settlement

If the defendant believes it will be less costly or damaging, they may offer a settlement before the case goes to trial. Before accepting any settlement, you should consult with your lawyer to determine whether a trial is likely to be more advantageous. Finally, if no settlement is reached, you and your lawyer will meet the plaintiff in court.

A defamation lawsuit is not a short process, sometimes lasting months or years and can backfire by spreading the defamatory statement more widely. A lawyer can help you decide whether your case is worth pursuing, so arrange a consultation today.

The law firm of Goicoechea, DiGrazia, Coyle, & Stanton provides representation to individuals and businesses throughout the Elko, NV, area. Their affordable services cover a wide range of practice areas, including civil litigation, business law, and estate planning. To arrange a consultation, contact them at (775) 738-8091, or visit online today.