Welcome and thank you for your questionI am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive ratingUp tp $10,000 you may sue for all your legal costs involved in you having to defend this matter.
The defamation would only be allowed if you can prove the statements were made with a knowledge that it was not the truth and that these untruths were told only to harm your reputation and so you could not get a job
So I cannot sue him for false statements that led to my incarceration? The footage shows him being aggressive and fighting, which he did not state in his statement to police. He claimed he was innocent and helping a friend when I "continued to strike him".
My legal costs that I accumulated were $7500. Will false incarceration, stress and time incurred, my DNA being placed in the system, and lost wages (roughly 500), be enough to justify the $2500 to sue the person for 10,000?
Yes, that is the defamation end of the lawsuit. But you have to be able to prove that he was absolutely positive it was not you and yet still placed the blame on you deliberately to ruin your life and for no other reason.And yes, I suggest you should file for the entire $10,000 - if nothing else it will also include your minimal filing costs and time for this lawsuit.
You can get the forms to file from the clerk of the court where you need to file - in the county where this all happened or in the county where he lives.Small Claims is the easiest way to go for this matter - you can do it on your own without the help of a local attorney
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).