How to Sue For Slander and Protect Your Reputation

False statements communicated about you can be not only embarrassing and disruptive to your daily life; they can also be incredibly harmful to your personal and financial well-being. If you are the target of defamatory speech, your first question may be can I sue for slander?

To successfully sue for slander, you must:

1. Determine that you have a valid slander claim;
2. Identify the best court to file the slander lawsuit;
3. Gather and preserve the evidence;
4. Comply with all pre-suit filing requirements;
5. Consider alternative dispute or pre-suit resolution tactics; and
6. Draft, file, and serve the legal complaint on the defaming party.

In this article, we explain how to sue for slander, and how to find an experienced defamation attorney to help maximize your chances of success.

What Are the Differences Between Slander & Libel?

Defamation is a false statement published or communicated to a third party that causes damage to a third party’s reputation. Depending on the medium, defamation can be considered either slander or libel.

What is Libel?

Libel encompasses written statements (both on paper and online), pictures, or videos that are”published” to third parties.

What is Slander?

Slander is spoken defamation. When you encounter a false statement that is communicated by word of mouth, slander is often at play.

What is Slander Per Se?

Slander per se is a legal doctrine dictating that a plaintiff can recover general damages without first submitting evidence of actual, pecuniary loss.

The doctrine was created based upon a recognition that certain types of defamatory statements are so inherently harmful but that the injury is so difficult to prove, damage can and should be presumed.

The four most commonly recognized types of statements that constitute slander per se are:

• Crime: A statement asserting that the plaintiff committed a crime or a crime of moral turpitude;
• Loathsome Disease: A statement alleging that the plaintiff suffers from a loathsome disease (usually, STDs or leprosy);
• Chastity/Sexual Misconduct: A statement imputing the plaintiff is unchaste or has engaged in serious sexual misconduct; and
• Profession: A statement alleging that the plaintiff committed misconduct in regards to their occupation or business.

These categories can vary from state to state and they have evolved over time.

What Are Some Examples of Slander?

Slander commonly happens when an individual vocalizes a false and damaging statement to a group of people about a third party.

Examples of Slander:

• Telling destructive lies to a prospective employer about a job candidate who used to work for you over the phone;
• Spreading rumors at a block party that a neighbor is cheating on his spouse with a high school student, which could lead to marriage problems and reputational damage; or
• Falsely claiming during an interview with a potential client that a competing catering business has been frequently cited for health code violations and caused clients to become sick to induce the potential client to hire the company of the person making the false statements.

When to Sue For Slander

Just because a perpetrator communicates a false statement about you or your business, does not always mean you should automatically file a defamation lawsuit. Knowing when to file a slander lawsuit comes down to how much damage your (or your business’s) reputation has sustained, and whether a lawsuit will be worth the cost.

What Are the Damaging Effects of Being Slandered?

Slander can cause extensive damage to its victim, whether they are an individual or a business. We examine both scenarios below.

Damaging Effects of Being Slandered on Individuals

Slander can cause significant damage to both your personal and professional reputation. If a slanderous statement about you makes its way to your employer or coworkers, you may face a loss of professional opportunities, and possibly even unemployment.

In your personal life, slander can cause embarrassment, loss of personal relationships, shame, and even physical symptoms like depression and anxiety.

Damaging Effects of Being Slandered on Businesses

Businesses can suffer reputational harm from slander just as individuals can. That loss of reputation in the public eye can spiral into other, more concrete effects, such as:

• Decreased customers and foot traffic,
• Loss of advertising and sponsorships,
• Reviewers feeling more comfortable leaving negative reviews of your business,
• Lower employee morale,
• Difficulty retaining quality employees and talent,
• Damaged CEO reputation,
• Decreased bottom line, and
• Having to shut your business’s doors for good.

How Can You Determine Whether It is Worth it to Sue For Slander?

Deciding whether to sue for defamation depends on the circumstances of your unique situation—which is why it is a good idea to consult an experienced defamation attorney. They can discuss any applicable costs, benefits, and risks, and help you determine whether a lawsuit is right for your situation.

The most important thing to remember is that the key reason for choosing to sue for defamation should not be about the money. You may be concerned with the cost of the lawsuit, or intrigued by the potential awarded damages if you win.

But the main deciding factor should be whether pursuing litigation will effectively end the pain and harassment the defamation is causing in your life.

How to Prove Slander

To assert your claim for slander, you will need to plead the following four elements in your complaint and then prove the same at trial:

1. Defendant Communicated a False Statement About the Plaintiff

In order to be considered a false statement, it must be an untrue statement of fact (i.e., not an opinion) that is both unprotected and unsubstantiated under the law. A reasonable person should also understand that the false statement refers to the plaintiff specifically.

2. Defendant Communicated the False Statement to a Third Party

The false statement must have been communicated to another person. An untrue and harmful statement made by the defendant privately to the plaintiff would not qualify as an actionable defamation claim.

3. Defendant Acted with at Least a Negligent Level of Intent

The slanderer must also have made the false statements negligently. A negligent level of intent means that the speaker did not take the reasonable steps or precautions an ordinary person would take in a similar situation before communicating the statement.

Public figures and officials, on the other hand, must prove that the defendant acted with actual malice or reckless disregard when communicating the slanderous statement(s). A defendant will be found to have acted with actual malice if they knew that the statement was (a) false at the time of communication, or (b) acted with reckless disregard as the statement’s veracity.

4. Defendant’s False Statement & Communication to a Third Party Caused Damage to the Plaintiff

Finally, the defamatory speech must cause actual damage to the plaintiff’s reputation. Again, actual damage will be presumed if the defamatory statement falls within a slander per se category.

However, if your claim does not fall within one of these categories, or you simply wish to strengthen your defamation case and increase your ability to recover for the harm caused, damages must be established.

Damages can take the form of:

• Physical symptoms and/or mental distress, such as high blood pressure, anxiety attacks, or depression;
• Financial loss, such as lost employment, clients, revenue, and future losses of your business; and
• Expenses incurred to mitigate the harm caused by the slander, such as attorney and PR fees or content removal services.

What Can Serve as Evidence of Slander?

In a slander lawsuit, you will rely on the traditional types of evidence to support each element of your claim, including:

• Fact witness testimony,
• Documentary evidence,
• Expert witness Testimony.

The first two elements of a slander claim are, by their nature, more difficult to prove than in a libel claim. Libel is written, recorded, or preserved in a tangible form which means that there is likely a paper – or digital – trail of some form that will easily support these first two elements. Slander, being spoken, is harder to preserve or pin down.

The best forms of evidence to support these first two elements are (1) fact witness testimony and, (2) if any, documentation corroborating the content of the speech and fact that the speech was communicated to a third party, and (3) expert witness testimony.

Fact Witness Testimony

Witness testimony can be helpful to prove or support every element of a slander claim, but this type of evidence is particularly important for establishing the first and second elements – that the defendant made a false and defamatory statement about the plaintiff to third parties.

Documentary Evidence

Since slander is spoken, it is less likely that there will be a preserved record of the speech itself. However, if there is any documentation reflecting slanderous words spoken and heard by a third party, it is essential to obtain a copy. An example of such documentary evidence could be notes taken during a meeting where a defamatory statement was made.

Expert Witness Testimony

Expert witnesses are highly qualified, knowledgeable third parties who can produce context and information for your case.

For example, an expert witness might generate a comprehensive financial damage model to prove your legal claim for damages and explain that model to the jury to help understand the clear connection between the harmful speech and your financial losses.

How Can You Strengthen Your Case When Suing for Slander?

Reputational damage is highly subjective and can be quite difficult to quantify. Proving defamation damages in a slander lawsuit can be tough; it is best to gather as much tangible evidence as possible.

Many defamation victims want to provide personal testimony as to the harm they suffered. While testimony can be cathartic and assist in proving your case, it may not be enough.

Personal testimony should be supplemented by as much of the other forms of evidence listed above as possible, such as:

• Relevant receipts and bills,
• Pay stubs,
• Medical and psychiatric records, and
• Testimony from expert witnesses.

Steps to Filing a Slander Lawsuit

Generally, the six steps plaintiffs should take when filing a slander lawsuit are:

1. Determine that you have a valid slander claim;
2. Identify the best court to file the slander lawsuit;
3. Gather and preserve the evidence;
4. Comply with all pre-suit filing requirements;
5. Consider alternative dispute or pre-suit resolution tactics; and
6. Draft, file, and serve the legal complaint on the slanderer.

We discuss each step in greater detail below.

What Steps Should You Take When You Find You Are Being Slandered?

1. Determine That You Have a Valid Slander Claim

First, ascertain whether your claim of slander is a valid one. As mentioned above, the four elements that must be present to prove slander are:

• The defendant communicated a false statement about the plaintiff;
• The defendant communicated the unprivileged false statement to a third party;
• The defendant acted with at least a negligent level of intent; and
• The defendant’s false statement and communication to a third party caused injury to the plaintiff.

Second, consider all practical (and possible) defamation defenses or consequences that a defendant may rely on in response to your slander suit. These include:

• Statute of limitations,
• Anti-SLAPP motions,
• Defense of privilege (absolute or qualified privilege), and
• The Streisand Effect.

For further reading on the potential defamation defenses a defendant may invoke, please see our article by Intake & Paralegal Manager Darcy Buxton ‘The Most Common Defenses to Defamation’.

2. Identify the Best Court to File the Slander Lawsuit

You should next determine (1) where—which state(s) or court(s)— you can file your defamation claim and, (2) if you have several choices, where you should file your claim.

Generally, where you can file your claim will depend upon which state(s) and/or court(s) have jurisdiction over the claim and the defendant. A jurisdictional analysis will take into account where you live and/or operate your business, where the defendant lives, where the intended recipients of the slanderous statements are located, and where you have experienced harm due to the slander.

Sometimes, identifying the appropriate jurisdiction to file your lawsuit will be simple. For example, if both you and the defendant live in Ohio, the defendant made the defamatory statements in Ohio, and you felt the brunt of the harm of those statements in Ohio, you would need to bring your claim in an Ohio state court and Ohio law will apply.

Jurisdictional issues can also be more complex. For example, if the defendant, a resident of State A, makes a defamatory statement about your company, a nationwide business headquartered in State B, to a group of your potential investors in State C, your attorney would need to determine which of those state courts would have jurisdiction and which state’s slander or libel law would apply.

It is also important to note that some courts within a particular jurisdiction do not have the authority to hear defamation claims. For example, in Ohio, you cannot file a defamation claim in small claims court and municipal court. You would need to bring your case before one of the county courts of common pleas.

If you have the option of filing in several different jurisdictions or courts, you will want to decide which jurisdiction or court will be most beneficial for your case. As discussed below, some states have more favorable laws for plaintiffs in defamation cases, while others impose more procedural hurdles on plaintiffs, which can make a case more time-consuming and expensive.

So if you have the choice between a few jurisdictions, it is best to understand all of your options so that you can make the best decision possible.

3. Gather & Preserve the Evidence

If there is any tangible documentation of the slander, save it as quickly as possible. Gather witnesses, expert testimony, and as much proof of the damage suffered by you or your business as you can.

The more evidence you can demonstrate, the stronger your case will be.

4. Comply with All Pre-Suit Filing Requirements

Before filing a slander lawsuit, it is crucial to consult your state and local laws to understand any pre-suit filing requirements.

For example, many states require plaintiffs to provide notice to the defendant before filing a claim in order to give them a chance to retract their defamatory statement first. The notice requirement (or retraction requirement) exists to give the defendant a chance to remedy the situation so as to avoid litigation altogether or to limit the damages that can be collected against them.

Failing to meet pre-suit filing requirements could result in your case being dismissed or preclude you from recovering punitive damages.

5. Consider Alternative Dispute or Pre-Suit Resolution Tactics

Filing a lawsuit can be extremely costly, time-consuming, and draining. Before proceeding with filing a claim, consider all of your alternatives to litigation, such as:

• Sending a cease and desist letter;
• Mediation and arbitration; or
• Online reputation management.

6. Draft, File, & Serve the Legal Complaint on the Defaming Party

Once you have made all of the above preparations and decisions, it is time to prepare a legal complaint that will begin the litigation proceedings.

A legal complaint contains all of the important information necessary to start a lawsuit, including outlining the parties to the suit, the jurisdiction, the factual allegations of the case, and the claims for any type of relief requested.

It is important to make sure that your complaint complies with all legal requirements for pleading a valid slander claim in the jurisdiction where you file. These requirements vary from state to state. This is another reason why it is important to secure an attorney with experience handling defamation claims to ensure that your complaint.

Where Should You File a Slander Suit?

In some cases, the plaintiff only has one possible place to file their suit. In others, the plaintiff has multiple jurisdictions or courts from which to choose. In the latter situation, it is a good idea to know which courts offer you the best advantage.

For example, if. you and the defendant reside in different states, you may have the option of bringing your action in a state court or a federal court. However, you will want to consider that state courts are typically more plaintiff-friendly than federal courts.

And some states may have no Anti-SLAPP laws or a longer defamation statute of limitations. And of course, the final decision may come down to personal convenience.

Keep in mind that some states may have different statutes of limitations for slander and libel. Tennessee, for example, has a six-month statute of limitations for slander, but the statute of limitations for libel is one year. A victim of slander in Tennessee would need to move much more quickly to file a lawsuit than if they were a victim of libel.

How Can You Hire an Attorney For a Slander Lawsuit?

If you are considering filing a defamation lawsuit, you need the help of an experienced defamation attorney. There are several ways to find an exemplary lawyer in your area.

First, ask your friends and family for referrals. Personal recommendations from people you trust—who have been in a similar situation—are often the best resource.

There are also several reputable websites with directories that you can consult to find experienced attorneys in your state, such as:

• SuperLawyers.com: SuperLawyers allows you to search for defamation lawyers by both location and legal issue.
• Avvo.com: The attorney directory at Avvo lets you conduct a refined search by legal topic, practice area, and city and state. Avvo also includes a rating component to let you check previous clients’ reviews of some attorneys.
• FindLaw.com: FindLaw is also a directory that lets you search for attorneys by county, metro area, or state. You can also use FindLaw to find lawyers who offer free consultations.

Finally, you can check with your local bar association to find a vetted attorney in your area.

Questions to Ask a Slander Attorney Before Hiring Them

Once you have narrowed down your options, you should consult with each defamation attorney and make sure they are the right fit for you. Ask questions like:

• How will you update and communicate with me about my legal matter?
• How will billing work and when will I be charged?
• How many similar cases have you handled—and what were their results?
• What will this process look like, and what will you need from me?
• Are my goals achievable?
• Do you recommend alternatives to solve my defamation issue?

Minc Law Can Help You Sue For Slander

Slander can be an extremely harmful, disruptive, and taxing experience for individuals and businesses. If you are a victim of slander, it can be difficult to know what steps to take to remedy the situation.

At Minc Law, our experienced slander attorneys know what it takes to effectively combat defamation—and we understand not just the legal nuances of a slander case, but also the personal nature of your situation. We pride ourselves on resolving defamation situations efficiently without drawing unnecessary attention to them.

Reach out to us today to schedule your free initial no-obligation internet defamation consultation by contacting a chat representative, filling out our contact form, or calling us at (216) 373-7706.