Hello and welcome to JustAnswer.
I'm sorry to hear about the loss of your child. I know the loss of a child is very difficult and to have someone spread false information about you and you child makes even more devastating.
Defamation occurs when someone communicates a false statement to others, that gives a negative impression of a person, group, or entity. Defamation can include slander which is spoken words, or libel which is written or printed. Defamatory language can cause harm by damaging to one’s reputation in the community.
There are some types of statements which are automatically considered to cause damage to one’s reputation and therefore require no additional proof that the person was, in fact, harmed by the statement. Also, if the speaker knows the statement is false and intentionally defames a person, the person defamed may be entitled to punitive damages.
To establish a claim for defamation, the following elements must exist:
(1) defamatory language,
(2) about the plaintiff,
(3) which is published, and
(4) which causes injury to reputation.
See Stringer v. Wal-Mart Stores, Inc
., 151 S.W.3d 781, 793 (Ky. 2004). In Stringer v. Walmart
said “Defamatory language is broadly construed as language that ‘tends so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.’” Id
If this person is telling people false statements about you having given your child that died drugs and your surviving children drugs that should be considered to be libelous or defamatory per se
. A claim for defamation per se creates a conclusive presumption of both malice and damages.
You should contact a lawyer in your community and have him evaluate your case and then proceed with filing a lawsuit for damages against the individual.
Let me know if you need any more information.
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit for my work. If you have additional questions or need more information please ask.
My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.
You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1
also begin your question with “For LegalEagle1”