Slander Legal Issues
Does the Statute of Limitations for slander begin on the day the slander is said or on the day it is discovered? In Missouri, what are the damages for a tortious inference, defamation, slander or libel lawsuit? Slander is the act of making false and injurious statements that harm a person’s reputation. When it comes to legal issues, such as slander, it is comforting to know where to turn for accurate knowledgeable answers. Read below where legal Experts have answered the above questions and more regarding slander.
In New Mexico, can a person who was falsely accused ten years ago of being a pedophile, now file a criminal or civil action against the accuser?
Civil and criminal cases have to fall within a Statute of Limitations, which defines how old a case can get before it is too old to be filed with the court. Once the Statute of Limitations time has passed, the case will be time-barred, which means a person can no longer sue or prosecute. In New Mexico, a defamation (slander) suit must be filed within three years of the incident. A criminal case must be filed within five years of the incident. Therefore, this incident is well past the time period to sue.
In North Carolina, if an individual is falsely accused by a co-worker of bullying, and then co-worker reports it to the supervisor, which jeopardizes individual’s job, can individual sue co-worker for slander?
Yes, this may be a cause to file a civil lawsuit. To sue in a state court, individual needs to have a “cause of action.” Under North Carolina law, the elements for a cause of action under defamation are (1) defendant made false, defamatory statements about the plaintiff, (2) those statements were published to a third person, and (3) the statements caused injury to plaintiff’s reputation. If these elements fit, there may be a case, but remember lawsuits cost time and money, and there are no guaranteed wins.
Once an attorney is hired, will it be possible to get a copy of the email containing the slander?
Yes, it will be possible through discovery or subpoena.
Does the Statute of Limitations for slander begin on the day the slander is said or on the day it is discovered?
Ordinarily, the Statute of Limitations period commences when the injury occurs. For slander, this generally occurs, when the accused (defendant) communicates the defamatory statement to others. In some cases, the cause of action is delayed until the time the plaintiff knew or with reasonable diligence should have known of the factual basis of the claim. Basically it depends on whether or not an attorney can convince a jury that the accrual of the Statute of Limitations should begin to run at a particular time.
In Missouri, what are the damages for a tortious inference, defamation, slander or libel lawsuit?
It depends on the case. There are no specific “statutory damages” (that is a set amount that is awarded if case is successfully won). It is possible if the damages are not proven, individual may only get “nominal” damages (meaning $1 to $10 awarded by a court to show that the case was won, but not much for actual compensation).
Under Hawaii law, what are the elements of a cause of action for slander, libel or defamation?
- A false and defamatory statement concerning another,
- An unprivileged publication to a third party,
- Fault amounting to the negligence on the part of the publisher (actual malice where the plaintiff is a public figure), and
- Either actionability of the statement or irrespective of special harm or the existence of special harm caused by the publication.
What type of an attorney should be consulted for a slander or defamation case?
A personal injury attorney would handle this type of case.
Does a former friend have grounds to sue an individual for slander when individual was asked by a third party to give an opinion as to whether or not a former friend should be allowed to join a bible study group, the individual said that he would not recommend it because the former friend is “contentious and argumentative”?
If a person is asked for his or her opinion and gives it, this is not considered slander. Disparaging remarks are not actionable if they do not harm a business interest of the person. Individual should not be held liable for slander and comments are protected by the First Amendment freedom of speech guarantee in the U.S. Constitution.
Unfortunately during a person’s lifetime the issue of slander may arise, along with other varying legal issues. If so, it is important to know where to turn for correct, informative answers. For more clarification regarding specific issues consult with an Expert. Verified legal Experts are available day and night to answer all your questions.