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Ask Maverick Your Own Question
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5766
Experience:  20 years experience as a civil trial and appellate lawyer
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I had someone at my school spreading rumors I was selling an

Customer Question

Hi Sam. I had someone at my school spreading rumors I was selling an specific prescription drug at school, and I was getting them because she was having an affair with my Dr.
The rumours are 100 percent false, I can easily prove it by going back on my health insurance files, they have everything there, also I can get all the history from all my Dr's and from my pharmacy.
This entire situation is taking a toll on my physical and emotional health. I'm clinic depressed because my name, reputation at work and carecter got so damaged I don't want to leave the house because I don't want people thinking a sell drugs.
I want to clear my name, and I was wondering if there is chance of me winning if I take this to court?
Submitted: 1 year ago.
Category: Legal
Expert:  Maverick replied 1 year ago.

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1. What state are you located in?

2. How long has this been going on?

3. What is the amount of your medical bills related to your depression?

4. Where you diagnosed with depression any time before the rumors started?

5. Did you lose wages because of these rumors?

Customer: replied 1 year ago.
I'm in California
- almost 6 months
- about 1/2 of my bill is due to mental health
- yes I was diagnosed with a minor depression/mood swings before. But nothing like being put on 5 different medications
- Since I graduated from school I wasn't able to start working because I'm so embarrassed and it makes me very sad that reputation went under the bus
Customer: replied 1 year ago.
I lost wages because I cant work.
Customer: replied 1 year ago.
Also my levels of stress is so high I have psoriasis on my elbow and I have constant migraine headaches
Expert:  Maverick replied 1 year ago.

okay, so you can file a suit under a claim of defamation. To prove such a claim in CA, you must prove the following elements: 1) that the this person made a publication of a statement of fact that is false; (2) which has a natural tendency to injure another; (3) that the defendant's fault in publishing the statement amounted to at least negligence [in you case it sounds more purposeful].

I want to clear my name, and I was wondering if there is chance of me winning if I take this to court?

ANS: Based on the facts that you have asserted about this it appears to me that your claim meets this test; so yes there appears to be a good chance that you can win from a substantive stand point. You may still need a lawyer to assist you to make sure you do not lose on a procedural technicality. If you plan on hiring a lawyer they may take this type of tort claim on a contingency basis and you should look for a lawyer that practices defamation law. JA rules do not permit experts to make referrals.

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