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Pastor of our church knew a person was going to bring a

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Pastor of our church...

Pastor of our church knew a person was going to bring a private issue with my husband and me before church congregation. We were defamed and incorrect information was given about situation. Cops came. and OP was obtained. January 6, 2016. We were told our church carries insurance to cover pastor errors. Is this correct? If so how do we file a claim. I became physically ill from the incident. happened December 13, 2015

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Illinois Dec 13, 2015

Lawyer's Assistant: Has anything been filed or reported?

Police reports and court date to get 2 year OP

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Pastor made a big issue of this person and the incident informing all churches in area of the situation.

Submitted: 8 months ago.Category: Personal Injury Law
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Answered in 5 hours by:
11/30/2017
Personal Injury Lawyer: Thomas Swartz, Attorney replied 8 months ago
Thomas Swartz
Thomas Swartz, Attorney
Category: Personal Injury Law
Satisfied Customers: 3,272
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Hello JACUSTOMER,

Many churches do carry liability insurance for wrongdoings of church officials. If a church pastor did defame you, you would have a civil cause of action against the church and the pastor individually to recover damages to your reputation. To start a civil claim against the church and the pastor, you would need to file and serve a summons and complaint against the church and pastor in Illinois Circuit Court.

There is a problem with commencing your case however. In Illinois, the statute of limitations to commence a defamation lawsuit is one year (735 ILCS 5/13-201). Since the incident you are concerned about took place in December 2015, the statute of limitations to commence a lawsuit would have already run. So, if you did commence a lawsuit, the church would likely raise the statute of limitations as a defense to dismiss the lawsuit.

Nevertheless, if your threaten the church with a lawsuit, they may be willing to settle something in order to avoid the hassle of defending a case. This is probably your best option at this point.

Also, if the defamation occurred beyond December 2015, you may be able to avoid the statute of limitations defense.

Thomas

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