Being falsely accused of a crime can have disastrous consequences, and the target of accusation may wish to take legal action against their accuser. The target can sue for being falsely accused of a crime by filing a defamation of character lawsuit. Here’s what to know about suing for being falsely accused of a crime.
Defamation of character lawsuit can seek compensation from an accuser for making false accusations of a crime by proving defamation of character. The lawsuit must show that the accuser willfully made untrue statements against a target and that the false accusations seriously damaged the target’s reputation.
When to File a Lawsuit
The ongoing criminal case must be resolved before moving on to filing a civil lawsuit for false accusations of a crime. Only after the original case has concluded and absolved the target of their accusations can another civil lawsuit proceed.
Defamation of Character Lawsuits
If someone deliberately makes a false accusation against a target, the target can file a civil lawsuit for defamation of character. The lawsuit must demonstrate that the accuser was aware that their accusation was untrue but still made the accusation in order to deliberately harm the target’s reputation. The accusation must also have led to serious consequences in the target’s life. Defamation of character can fall under two categories: slander and libel.
Slander is orally communicated defamation, while libel is written defamation. Regardless of the oral or written nature of the false accusation, the elements of a defamation of character lawsuit are the same. The plaintiff must demonstrate that:
- The accuser made a false and harmful statement that they knew or should have known was false. This demonstrates that they were willfully malicious and intended to hurt the target’s reputation.
- The false accusation clearly identified the target. The statement should be specific and about the recipient of the accusation. It may either name the person specifically or be very close to describing the person.
- The false accusation was shared with at least one other person who was not the target. This is where the distinction between slander and libel is important. If the accusation was spoken to other people, it is slander. If the accusation was published in writing and viewed by other people, it is libel.
- The false accusation damaged the target’s character in some way. The consequences of the false accusation result from the damage to the target’s character. This may include termination of employment, isolation from friends and family, and public humiliation.
Related: How to Sue for Slander: Defamation Lawsuit
Monetary Damages from a Defamation of Character Lawsuit
Defamation of character lawsuit will seek compensation for the financial injury caused by the false accusation. This may include attorney fees in the original lawsuit or loss of salary if the target was terminated from their job.
In addition to financial injury, the defamation of character lawsuit may also seek compensation from the accuser for emotional distress after the false accusation. The public humiliation and embarrassment of false accusations may be calculated by the court in order to total the monetary damages.
Related: Can You Sue for False Allegations of Child Neglect?
FAQs
Can I file a lawsuit for being falsely accused of a crime?
Yes, it is possible to file a lawsuit for being falsely accused of a crime. A defamation of character lawsuit handles false accusations. The lawsuit must demonstrate that the accuser intentionally made false accusations against the target in order to deliberately harm the target’s reputation.
Related: California Statute of Limitations for Defamation and Slander
What is the difference between slander and libel?
Slander and libel are both legal definitions of defamation, and both are elements in a defamation of character lawsuit. The difference between the two is the nature of the defamation. Slander is orally communicated defamation, while libel is written defamation. Regardless of the nature of the defamation, the elements of the lawsuit are the same.
What monetary damages can I collect for defamation of character?
A defamation of character lawsuit may seek monetary damages for financial and emotional injury as a result of the false accusation. The defamation of character lawsuit will seek monetary compensation for the financial injury caused by the accusation, such as loss of salary for being terminated from a job or a costly criminal case. In addition to financial injury, the lawsuit may also compensate the target for the emotional distress caused by the false accusation.
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