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Defamation Law: is this worth persuing.

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TillbyA

Junior Member
I live in Virginia and back in September a neighbor I considered a friend called Social Services and made a report. CPS interviewed my kids, inspected my home, and found all his aligations to be unfounded. When he found out about this he started talking to other neighbors, my co-workers, boss, and extended family about the aligations he made to DSS trying to get people on his side. Neighborhood kids no longer come by to play with my kids, no one waves or acts friendly towards my family and I, but other then feeling like I live in a hostile area nothing has happened. Work has not suffered, I did not lose my job.
I feel angry every time I see him, hear his name, or pass by his house. I don't feel happy or secure in my community and am considering moving. We have lived here for over 15 years and I can't really afford to move.
So, my question is do I have enough for a Civil Case? It is my opinion that he should be required to finance my move, the purchase of a new home, and pay punitive damages.
 


LdiJ

Senior Member
I live in Virginia and back in September a neighbor I considered a friend called Social Services and made a report. CPS interviewed my kids, inspected my home, and found all his aligations to be unfounded. When he found out about this he started talking to other neighbors, my co-workers, boss, and extended family about the aligations he made to DSS trying to get people on his side. Neighborhood kids no longer come by to play with my kids, no one waves or acts friendly towards my family and I, but other then feeling like I live in a hostile area nothing has happened. Work has not suffered, I did not lose my job.
I feel angry every time I see him, hear his name, or pass by his house. I don't feel happy or secure in my community and am considering moving. We have lived here for over 15 years and I can't really afford to move.
So, my question is do I have enough for a Civil Case? It is my opinion that he should be required to finance my move, the purchase of a new home, and pay punitive damages.
You can get a consult with a local attorney to see what opinion they have, but unless you have actual monetary damages, there is not much that you can do. I agree that what your neighbor did was disgusting, but it does not appear that you have actual monetary damages.
 

TillbyA

Junior Member
From: The law dictionary

Once you have proven to the court of law that the statement made against you was in fact false the last step is proving that the statement caused some form of damage to you or your reputation.

Yes, in the end, I agree the only real way to know is to consult a lawyer.
 
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Just Blue

Senior Member
I live in Virginia and back in September a neighbor I considered a friend called Social Services and made a report. CPS interviewed my kids, inspected my home, and found all his aligations to be unfounded. When he found out about this he started talking to other neighbors, my co-workers, boss, and extended family about the aligations he made to DSS trying to get people on his side. Neighborhood kids no longer come by to play with my kids, no one waves or acts friendly towards my family and I, but other then feeling like I live in a hostile area nothing has happened. Work has not suffered, I did not lose my job.
I feel angry every time I see him, hear his name, or pass by his house. I don't feel happy or secure in my community and am considering moving. We have lived here for over 15 years and I can't really afford to move.
So, my question is do I have enough for a Civil Case? It is my opinion that he should be required to finance my move, the purchase of a new home, and pay punitive damages.
How do you know your friend calle SS? And if he did..Why would he have done that?
 

quincy

Senior Member
The plaintiff does not have to prove a statement is false. A defendant, however, has to prove the statement is true, this if the defendant wants to use truth as a defense to a defamation claim. There are other defenses available.

What a plaintiff does have to prove is that an unprivileged statement was published with the requisite degree of fault (negligence, actual malice), he was identified or identifiable, and harm resulted. The court decides if what was published is defamatory per se (defamatory on its face). If not ruled defamatory per se, the jury decides in what sense the words were understood.

A report to CPS is covered by a qualified privilege (an immunity from suit). This privilege can be lost if it is shown that the report was made knowing it was false and with an intent to cause harm (actual malice). Actual malice is a difficult element to prove as it goes to the intent of the person who made the statement.

False statements made to others like neighbors, however, are not privileged and potentially could support a legal action. Shunning by neighbors can be evidence of reputational harm.

A link to a defamation overview for Virginia, from the Digital Media Law Project: http://www.dmlp.org/legal-guide/virginia-defamation-law

Economic harm is not a necessary element for a defamation suit although it helps to support damages. Reputational harm is the necessary element. But the reputational harm must be severe enough to warrant the high costs of pursuing a defamation suit.
 
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LdiJ

Senior Member
The post I was quoting disappeared. I will start again.

A plaintiff does not have to prove a statement is false. A defendant, however, has to prove the statement is true, this if the defendant wants to use truth as a defense to a defamation claim.

What a plaintiff does have to prove is that an unprivileged statement was published with the requisite degree of fault (negligence, actual malice) and harm resulted. The court decides if what was published is defamatory per se (defamatory on its face). If not ruled defamatory per se, the jury decides in what sense the words were understood by the audience for the statement. Language is given its common and ordinary meaning.

A link to a defamation overview for Virginia, from the Digital Media Law Project: http://www.dmlp.org/legal-guide/virginia-defamation-law

Economic harm is not a necessary element for a defamation suit. Reputational harm is.
Ok, that makes sense, but how do we define "reputational harm"? How do we quantify it? In this instance the OP is clear that the defamation has not harmed her employment. The harm she seems to indicate is social harm, and only social harm with her immediate neighbors. What is the court able to order to resolve said social harm?
 

quincy

Senior Member
Ok, that makes sense, but how do we define "reputational harm"? How do we quantify it? In this instance the OP is clear that the defamation has not harmed her employment. The harm she seems to indicate is social harm, and only social harm with her immediate neighbors. What is the court able to order to resolve said social harm?
Defamation is often defined as a false statement of fact that injures a reputation. The injury to a reputation is easiest to demonstrate if economic harm is suffered (e.g., loss of a job, loss of a promotion, loss of client or contract) and damages are also easier to assess.

But a defamatory statement about a person can also cause that person to be shunned, ridiculed, hated, lowered in the esteem of others. This is compensable harm, as well.

In other words, you do not need to be employed to be defamed and you do not need to be employed to be awarded damages as compensation for an injured reputation. :)

How to show this type of injury is not always easy. Witnesses are often called to testify. Ultimately it will be a jury that decides how much value to attach to the injury.
 
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LdiJ

Senior Member
Defamation is often defined as a false statement of fact that injures a reputation. The injury to a reputation is easiest to demonstrate if economic harm is suffered (e.g., loss of a job, loss of a promotion, loss of client or contract) and damages are also easier to assess.

But a defamatory statement about a person can also cause that person to be shunned, ridiculed, hated, lowered in the esteem of others. This is compensable harm, as well.

In other words, you do not need to be employed to be defamed and you do not need to be employed to be awarded damages as compensation for an injured reputation. :)

How to show this type of injury is not always easy. Witnesses are often called to testify. Ultimately it will be a jury that decides how much value to attach to the injury.
You did not answer an important question. What can a court order to deal with/correct/compensate for reputational harm if there is no financial harm that accompanies it?

I am honestly not trying to be difficult here. An attorney is not going to take on a defamation case on contingency unless there is some money to be won, and enough money to justify a reasonable fee to the attorney.

I have a hard time imagining a scenario that does not boil down to monetary damages.
 

quincy

Senior Member
You did not answer an important question. What can a court order to deal with/correct/compensate for reputational harm if there is no financial harm that accompanies it?

I am honestly not trying to be difficult here. An attorney is not going to take on a defamation case on contingency unless there is some money to be won, and enough money to justify a reasonable fee to the attorney.

I have a hard time imagining a scenario that does not boil down to monetary damages.
Defamation cases are not always taken on contingency basis. And it matters whether you are the plaintiff or defendant.

Although different states use different words to define damages, compensatory or general damages are granted for injury to the reputation and special or actual damages are awarded for specific pecuniary losses and punitive or exemplary damages are awarded as punishment for especially malicious defamation.

There are no fixed amounts. In a successful defamation suit, damages awarded can range from $1 (for defamation per se presumed harm) to multi-millions of dollars. The jury sets the award. If the Court feels the jury award is excessive, it can be reduced.
 
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justalayman

Senior Member
You did not answer an important question. What can a court order to s.
Yes, he did
Money. That is what a court awards, well, unless the judge is into potatoes. Then the judge may award potatoes.


As Quincy stated, trying to figure out how many potatoes, I mean dollars, to award can be difficult.
 

quincy

Senior Member
Yes, he did
Money. That is what a court awards, well, unless the judge is into potatoes. Then the judge may award potatoes.


As Quincy stated, trying to figure out how many potatoes, I mean dollars, to award can be difficult.
A private client pays the attorney as outlined in the attorney-client contract. A percentage of an award (or potatoes) can be part of an agreement.
 

justalayman

Senior Member
A private client pays the attorney as outlined in the attorney-client contract. A percentage of an award (or potatoes) can be part of an agreement.
Ya lost me. I wasn’t referring to legal fees. Ldij wanted to know what a court may award if there are no actual financial damages. She didn’t understand that reputational harm would also be compensated with an award of potatoes. The number is what becomes difficult if it’s not more easily calculable such as due to a job loss or such.
 

quincy

Senior Member
Ya lost me. I wasn’t referring to legal fees. Ldij wanted to know what a court may award if there are no actual financial damages. She didn’t understand that reputational harm would also be compensated with an award of potatoes. The number is what becomes difficult if it’s not more easily calculable such as due to a job loss or such.
Ah. I see to what your potatoes were referring.

Although most claims will settle, if a defamation case goes to trial, jury selection becomes very important as the jury decides what the claim is worth. If the jury is outraged enough by what the defendant said, the damages awarded a plaintiff can be quite high.
 

TillbyA

Junior Member
How do you know your friend calle SS? And if he did..Why would he have done that?
He confronted me before DSS started there investigation and stated he would call even if it meant I would never talk to him again. All this is because he felt my house was unsuitable for a baby.
 

quincy

Senior Member
He confronted me before DSS started there investigation and stated he would call even if it meant I would never talk to him again. All this is because he felt my house was unsuitable for a baby.
You can speak with an attorney in your area if you want to determine the chances of success with a defamation claim.
 

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