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RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 13868
Experience:  Experienced in multiple areas of the law.
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I would like to speak to an attorney about the potential

Customer Question

I would like to speak to an attorney about the potential issues that may arise from sending out a letter to my family speaking about wrongdoings that were done to me caused by other family members.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
I was financially and emotionally abused by my mother and uncle and the rest of my family needs to know the truth for my healing. I am sending the letter to the ones who ignored the issue all these years. Can my mother and uncle sue me for speaking the truth, mailing out this letter the family members who let me rot?
Expert:  RobertJDFL replied 1 year ago.
Thank you for using Just Answer. I look forward to assisting you today.Even though it may be truthful, you run the risk that they try to sue you for defamation of character. Under New York law, the elements of a defamation claim are:a false statement;published to a third party without privilege or authorization;with fault amounting to at least defamation;that caused special harm or defamation per se.See Dillon v. City of New York, 261 A.D.2d 34, 38 (N.Y.A.D. 1 Dept. 1999)."Published" in this sense just means the sending of the letter to other family members. Now, truth is always a defense to defamation claims, so as long as you can substantiate what you write, you should be okay.That said, I would encourage you to take some time to consider whether it's worth even risking a potential lawsuit, having to pay attorney fees, missing time off of work possibly for court, and getting involved in a protracted legal battle which may fracture family feelings even further? I don't know your situation of course, and I'm not telling you what to do. But perhaps it is best to get what you need to say down on paper ---and then hold off and think about if you really want to send it. You may feel a lot better just getting it down.If you need clarification or additional information, please reply and I'm happy to assist further. Otherwise, kindly remember to leave a positive rating by clicking on the stars/happy faces before signing out, so I am credited for my time and assistance today. Thank you!
Expert:  RobertJDFL replied 1 year ago.
Did you have any further questions about my answer that I can clarify? If not, I would kindly ask again for you to please leave me a positive rating by clicking on the stars, as experts are not employees of this site, and we are only compensated when you remember to leave a positive rating. Thank you!