How Long Do Defamation Cases Take?

If you are wondering, “How long do defamation lawsuits take?” you are not alone. Many victims of defamation worry about the length of time a lawsuit will require before they see their desired results – whether that is the removal of harmful content or financial compensation for their losses.

While there is no set timeline for a defamation lawsuit because every case is unique, several key factors influence how long the process takes, including:

• The jurisdiction where the lawsuit is filed
• Whether the case is contested or uncontested
• The length and complexity of settlement negotiations
• Unforeseen circumstances like natural disasters or court closures
• If the defamer’s identity is known or must be uncovered

In our experience litigating hundreds of defamation cases, we’ve found that the average lawsuit takes anywhere from six to twelve months to resolve when uncontested. However, heavily disputed and more complex cases can span several years before reaching a final conclusion.

In this article, we’ll discuss what you can expect during a defamation lawsuit and examine the factors that determine how long the process typically lasts. We’ll also provide guidance on how to seek legal help if you’re considering filing a defamation claim.

What Constitutes Defamation?

At its core, defamation is a false statement presented as fact that is published or communicated to a third party and causes harm to the subject’s reputation. Defamation can take two primary forms:

• Libel – a defamatory statement published in writing, whether in print or digital format
• Slander – a spoken defamatory statement, such as spreading false rumors

Critically, for a statement to be considered defamatory, it must be presented as factual rather than opinion. Opinions, even highly offensive ones, are generally protected speech not subject to defamation claims.

To determine if a statement is fact vs. opinion, courts look at whether it can be proven true or false. If it’s an unverifiable matter of the speaker’s personal view, it will likely be deemed opinion and not actionable as defamation.

Online Defamation

In today’s digital age, online defamation has become increasingly common. Libelous statements can spread rapidly across the web via social media posts, blog articles, online reviews, and more.

While the medium may be new, the same legal standards apply. Online statements must be factually false rather than opinion, published to third parties, and cause demonstrable harm to be considered defamatory.

Key Steps in a Defamation Lawsuit

If you’re considering legal action for defamation, it’s important to understand the key stages of the litigation process:

1. Evaluating Your Claim – Before filing suit, you should consult an experienced defamation attorney to assess the validity of your claim and ensure you’re within the statute of limitations to take legal action.
2. Filing Your Lawsuit – Your attorney will draft and file a complaint in the appropriate jurisdiction, officially initiating the lawsuit. The defendant must then be formally served notice of the complaint.
3. Discovery Phase – Both sides exchange relevant information and evidence through interrogatories, document requests, and depositions. Discovery can last several months in a typical case.
4. Pretrial Motions – The defendant may file motions to dismiss the case or narrow the issues, while your attorney may seek an early judgment in your favor. The court’s rulings on these motions can significantly impact the length and direction of the case.
5. Settlement Negotiations – Many defamation cases end in a pretrial settlement after the discovery process reveals the strength of the evidence on both sides. Settlement talks can be lengthy if the parties are far apart in their positions.
6. Trial – If a settlement isn’t reached, the case will proceed to trial before a judge or jury. A defamation trial itself may last a few days to several weeks depending on the complexity of the issues.

Even after a trial verdict, the losing party may file an appeal, potentially adding months or years to the timeline. Most cases, however, are resolved before trial – often through negotiated settlements.

Factors That Affect How Long a Defamation Lawsuit Takes

Numerous variables influence the timeline of any given defamation case, but some of the most impactful factors include:

Jurisdiction

Where you file your lawsuit can significantly affect how long the case takes. Some courts are more backlogged than others, meaning a longer wait for trial dates and other key deadlines. The speed at which your case moves through the system depends heavily on the efficiency and caseload of your particular court.

Contested vs. Uncontested

If the defendant concedes to the defamation allegations, the case can usually be resolved relatively quickly. Contested cases, on the other hand, can drag on extensively as the defendant files various motions and vigorously argues their position. The more cooperative the parties, the faster the matter will typically conclude.

Settlement Negotiations

Productive settlement talks can end a case promptly, but contentious and prolonged negotiations will have the opposite effect. With each side posturing to improve their position, complicated settlement dialogues can add months to the process as offers go back and forth and the court awaits the result.

Unforeseen Circumstances

Unexpected events outside either party’s control, like natural disasters or public health emergencies, can bring a case to a standstill. The Covid-19 pandemic, for instance, caused huge backlogs as courthouses closed and cases were postponed indefinitely, adding extensive delays.

Anonymous Defamers

If you’re defamed by an anonymous poster online, the case may require added steps to uncover their identity before the lawsuit can proceed. Issuing subpoenas and arguing motions to unmask “John Doe” defendants makes the process take longer than when the defamer’s identity is known from the outset.

Seeking Legal Counsel for Defamation Claims

If you believe you’re the victim of defamation, your first step should be discussing your situation with an experienced attorney. A knowledgeable defamation lawyer can evaluate the strength of your case, explain your options, and help you weigh the costs and benefits of litigation.

When searching for the right defamation attorney, consider factors like:

• Specialization in defamation law and track record of success
• Familiarity with your state’s specific defamation statutes and procedures
• Litigation experience and willingness to take your case to trial if needed
• Clear communication, responsiveness, and commitment to your goals

Choosing a defamation attorney is a highly personal decision. Take the time to find counsel you can trust to vigorously represent your interests and provide sound guidance throughout the process.

Minc Law: Experienced Defamation Counsel

At Minc Law, defamation is all we do. Our attorneys have extensive experience litigating defamation cases in 26 states and five countries. We know how stressful and disruptive defamation can be, and we’re committed to helping clients efficiently resolve these disputes and move forward.

When you work with us, you can expect:

• A tenacious, tech-savvy team well-versed in all aspects of defamation law
• Tailored strategies to fit your unique goals, whether you’re seeking damages, content removal, a retraction, or all of the above
• Proactive case management and frequent communication to keep you informed every step of the way
• Tireless advocacy and skilled negotiation to achieve the swiftest and most satisfactory resolution possible

If you are a victim of defamation and have further questions about your situation and want to learn more about your options, reach out today to schedule your free, initial no-obligation consultation by contacting a chat representative, filling out our contact form, or calling us at (216) 373-7706.