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Interpreting Defamation

By Expert Author: Rudi ONeil
Word Count: 443 words | Views: 1289 view(s)
A lot of people, upon hearing the utterance of the word ‘defaming,’ naturally assume that the term is exclusive to people that have some sort of elevated public profile: they assume that to be defamed, it is necessary, firstly, to be famous. This is not the case, and in order to be defamed, a person simply needs to be the victim of defamation of character. Defamation of character is when the written or spoken words of a person, act to harm the reputation of another. For such an occurance to be perceived as defamation of character, it has to be a case of the spoken or written words being falsified.

Cases of defamation of character that occur in a capacity whereby the average person finds out about it, usually involve a person with a public profile, seeking damages against one or more facets of the media. Low profile cases of defamation do occur though, and just a normal regular person can suffer defamation of character at the hands of an equally regular person.

Defamation of character comes in two separate forms, known as libel and slander. When a person suffers defaming as a result of something being said about them, then this is referred to as slander. If a person suffers defaming as a result of something being written about them, then this is referred to as libel.

When a person makes a personal injury claim as the results of being defamed then there are two different types of damages that can be awarded to the victim. The victim can be awarded actual damages, and the victim can also be awarded punitive damages. Punitive damages are those that are awarded in order to punish the person that has committed the act of defaming. Basically the person is being made an example of, in an effort to deter others from committing acts of defamation. The actual damages are the damages that are awarded to a victim for the financial losses that they have suffered as a result of being defamed.

The law is rather clearly defined when it comes to making allegations of defamation, and so it is rather difficult to successfully make a claim. This is why it is important to make sure that a personal injury solicitor is used, and one that practices specifically, cases of defamation of character. There has to be a certain level of seriousness involved in cases, and therefore it is unlikely that a person would receive remuneration as a result of having a colleague shout nasty things at them. It basically has to boil down to a person suffering pecuniary loss as a result of defamation.
Rudi ONeil

About the Author:

Make your personal injury claim today if you have suffered defamation in any way.

Article Source: http://www.articlesphere.com/Article/Interpreting-Defamation/183933

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