• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can an individual file a defamation for a Facebook comment?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



quincy

Senior Member
Thank you , that gives me a place to start
Anything you say to the attorney is privileged so you should be open and honest with the attorney.

I think you are smart to not disclose too much on a public forum.

Good luck. And thanks for the thanks.
 

Taxing Matters

Overtaxed Member
Agreed - but the representation for any lawsuit won't be.
Such lawsuits, if there is good potential in them, would likely be done on a contingent fee basis. So while the representation wouldn't be free if the OP won something, he'd not pay for the attorney's fee up front.
 

quincy

Senior Member
Such lawsuits, if there is good potential in them, would likely be done on a contingent fee basis. So while the representation wouldn't be free if the OP won something, he'd not pay for the attorney's fee up front.
It really depends on the assessed value of the case. Defamation cases can get costly quickly. An attorney is unlikely to work on a contingency basis unless there is a good chance that damages awarded could be sizable.
 
Last edited:

Taxing Matters

Overtaxed Member
It really depends on the assessed value of the case. Defamation cases can get costly quickly. An attorney is unlikely to work on a contingency basis unless there is a good chance that damages awarded could be sizable.
Hence my phrase if there is good potential in them. ;)
 

quincy

Senior Member
Hence my phrase if there is good potential in them. ;)
That was a good qualifier. :)

Most defamation suits are not big money suits - and I suspect that would be the case here. An attorney, therefore, is likely to require a retainer and charge by the hour and costs can escalate quickly.
 

zddoodah

Active Member
I have been slandered with a very damaging false accusation by a family member in a comment on Facebook.
Slander is the spoken form of defamation. If it's on Facebook, then it's in writing (unless it's a video or audio file), which means it's libel, not slander.


Would I have grounds for a defamation lawsuit?
Depends on what exactly was written. In a nutshell, defamation is the making of a false statement of fact (not opinion) to at least one person other than the subject of the statement, which is harmful to the subject's reputation, which is made with a particular degree of knowledge (actual or constructive) regarding the statement's falsity, and (in most cases) which results in actual financial harm to the subject. The only indication I see in this thread is that it's a false statement, but you haven't otherwise told us anything that allows for a reasonable assessment of the merits.
 

quincy

Senior Member
Slander is the spoken form of defamation. If it's on Facebook, then it's in writing (unless it's a video or audio file), which means it's libel, not slander.




Depends on what exactly was written. In a nutshell, defamation is the making of a false statement of fact (not opinion) to at least one person other than the subject of the statement, which is harmful to the subject's reputation, which is made with a particular degree of knowledge (actual or constructive) regarding the statement's falsity, and (in most cases) which results in actual financial harm to the subject. The only indication I see in this thread is that it's a false statement, but you haven't otherwise told us anything that allows for a reasonable assessment of the merits.
Please try to take the time to read an entire thread, doodah. Your post has repeated what has already been said by others.

“Financial harm” is not necessary for a defamation claim, although economic harm can be one way to demonstrate injury to a reputation.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top