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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55467
Experience:  Attorney with 29 years of experience.
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Can you sue someone over indirect comments made at your

Customer Question

Can you sue someone over indirect comments made at your expense on a tv show or podcast?
Submitted: 8 months ago.
Category: Legal
Expert:  Richard replied 8 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 8 months ago.

Can you elaborate a bit more on what you mean by "indirect comments?" Also, were these comments true or false? Thanks.

Customer: replied 8 months ago.
The comments were by large, fabrications or indirect comments which paint a person's character in a certain negative light. For example, claiming someone has a problem with porn, or abusing women, mistreating women, a drug habit, has engaged in criminal behavior or possibly will in the future.
Expert:  Richard replied 8 months ago.

Thanks for following up. It's very possible you have a cause of action for defamation. Let me first explain what constitutes defamation. I am going to provide you information on both slander and libel since they are so closely related and so often confused with each other. They are civil injuries that harm reputation, cause a reduction in respect, regard or confidence, or cause disparaging, hostile or disagreeable opinions or feelings against an individual or entity. The laws regarding libel and slander are the same. To prevail in a defamation suit for libel or slander and recover damages, a person ("Person A") must prove 4 things: (i) another person ("Person B") conveyed a defamatory message they knew or should have known to be false; (ii) the material was published (i.e., conveyed to someone other than Person A); (iii) Person A can be identified as the person referred to in the defamatory material; and (iv) Person A suffered an injury to Person A's reputation as a result of the communication. Typically, before actually filing the suit, you would send them a letter detailing the situation and demanding that they: i) retract all prior defamatory statements made, ii) pay you a specified amount to compensate you for the past defamatory actions, and iii) cease and desist from making any in the future. In my experience, the letter is generally sufficient as the offending party will comply with your demands rather than risk the costs of a suit they are sure to lose, the actual and possibly punitive damages that may be imposed by a court, and the judgment being on the record.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 8 months ago.
can you suggest the average price to i would pay a legal rep to write up this letter and can it be sent via email?
Expert:  Richard replied 8 months ago.

A lawyer would likely charge you an hour's worth of time to draft the letter and send it on the lawyer's letterhead...likely that would be around $250-$300. I can't do that for you, but if you would like me to draft a template of this letter for you to send, I can do that for you through the Premium Services option offered by JustAnswer. That cost would be $60. If that would be helpful, let me know and I'll extend that offer to you. And, yes, you can send it by email. :)

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