Legally speaking, defamation of character is considered a type of personal injury since it involves damage to one's reputation and integrity. As in any personal injury matter, fault must be proven for a claim of defamation of character to be successful. Below are a few ways to go about establishing proof in a defamation case.
Harm to Reputation & Finances
In most defamation claims, the victim asserts that the other party damaged their reputation by saying or writing something harmful. A natural result of this type of behavior, especially in the cases of businesses suing for defamation, is a loss of income. So, it falls on the victim to submit evidence that the instigator did two things: They said or wrote something damaging, and these actions caused harm to one's reputation or finances.
One way to establish personal injuries of this kind is to have copies of the incriminating writings; today, this often equates to copies of social media posts or other material posted online. Instances where the damaging evidence was spoken and not written can be trickier to prove, but not impossible. Witnesses who heard the statements can offer strong and compelling testimony in your favor; be sure to get the support of as many witnesses as possible to strengthen your claim.
If you lost business because of another party's defamatory actions, bring proof of income for the months before, during, and after the event occurred. This way, you can show how your business was adversely affected.
Pain & Suffering
As with all personal injuries, pain and suffering damages can be sought in a defamation of character claim. The damage likely won't be physical but mental, which can take an equally intense toll on a victim. If you sought therapy or psychopharmacological intervention because of the emotional fallout of the defamation, copies of your medical record and prescriptions can help bolster a claim of pain and suffering.
If you are involved in a defamation issue, get the support of a legal professional by contacting Christopher J. Swatosh, Attorney at Law. Attorney Swatosh serves clients throughout the Douglas County, Missouri, region in personal injury, wrongful death, and criminal law cases. Call (417) 683-2987 or visit him online to set up an initial consultation today.