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The sudden occurrence of a slip-and-fall accident can lead to significant emotional and physical upheaval
If you feel as though someone has made a libelous comment about you online or in a print publication, legal action may be the correct way to clear your name. There are lots of personal injury attorneys who specialize in libel cases, so you shouldn't have trouble finding someone in your area who is interested in representing you. When you set up a consultation with a personal injury attorney, one of the first things that he or she will ask you is whether the statement that you're upset about is true. If so, you don't have a case for libel. However, if the statement isn't true, the attorney may wish to move forward. Here are some different ways that you can refute the comment.
Some Form Of Proof
It's not enough to tell the attorney that the comment isn't true. You'll need to provide some form of unequivocal proof. Should you be able to do so, it will drastically help your case. Based on the comment in question, think about how you can prove that the statement wasn't true. For example, perhaps you're a public figure who was arrested for driving under the influence of alcohol. The statement in the publication might have suggested that your blood alcohol was twice the legal limit. If you can show your attorney your arrest report that proves your blood alcohol was over the legal limit but not twice as high, this is good evidence.
Testimony From Others
Sometimes you may wish to rely on people around you who can attest to the fact that the published statement about you was indeed untrue. You can't just get people to agree with your opinion, though — they'll need to promise to appear in court and swear to a judge that they're making an honest statement. For example, if you were fired from your job and the publication said that you were fired because you were stealing, your former employer may be able to testify on your behalf that this was not the reason for your dismissal.
History With The Other Party
You may also want to demonstrate that you have a tenuous history with the person who made the potentially libelous comment. This alone doesn't necessarily prove libel, but when you add it to the above methods, it can further enhance your case. For example, perhaps you have a long string of emails back and forth with someone who has threatened to ruin you in the public eye. If this person has since gone forward and libeled you in a blog, for example, your emails may demonstrate a contentious history with the person that could suggest he or she was lying.
Contact an attorney from a firm like Kilgore Smith LLC if you have questions about personal injury law.
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