How to Sue for Slander: Defamation Lawsuit

Suing For Slander

Slander can ruin an individual’s reputation and even someone’s life. Here’s how to sue for slander and begin a defamation lawsuit.

To sue for slander, you must file and serve a defamatory complaint. You must participate in discovery, attend settlement negotiations, and finally contact an attorney to determine if you want to sue. If you decide to proceed with your defamation lawsuit, you must calculate damages, gather evidence, and file the case in court.

Contact an attorney from Her Lawyer for additional assistance and information about your case.

What Is Slander?

Slander is when an individual makes a false and derogatory verbal statement about another person.

How Is Slander Different From Libel?

Slander is spoken defamation, whereas libel is written. This makes slander more challenging to prove as it must be done with negligence/intent to cause harm. To be considered slander, the statement needs to be defamatory, published, false, harmful, targeted, and malicious (for public officials).

Winning A Slander Lawsuit

In California, the elements of a slander claim include:

Someone made a false, derogatory statement about you while knowing it was not valid.
You were harmed by the statement: you lost your job, the press is harassing you, your reputation is ruined among peers.
The person who published it was negligent in making the claim.
You are a target of the statement.
The statement is not under “qualified privilege.”

What is Qualified Privilege?

An individual has qualified privilege from slander if:

Witnesses are testifying in court
Legislators are making statements in legislative debates
Statements are being made between/about spouses.

In this case, individuals are protected no matter what the offending action may be.

Steps on How to Sue For Slander

Step 1: File the complaint

Make sure to file your complaint with the appropriate court.

Step 2: Serve the complaint.

Making sure the defendant receives the complaint is called the service of process and must be performed by someone over the age of 18.

Step 3: Engage in discovery.

Pretrial discovery is when each party’s lawyers gather evidence to strengthen their case.

Step 4: Attend settlement negotiations.

Before going to trial, you must attend settlement negotiations to attempt to agree on damages and payment to make the individual whole.

Step 5: Consult an Attorney

An attorney can help you decide to settle during negotiations or to go to trial. If you choose to go to trial, you may need an attorney to represent you.

Step 6: Calculate Damages

Damages to take into consideration in slander lawsuits are actual damages, assumed damages, and punitive damages. In court, the judge and jury will determine if the plaintiff deserves monetary compensation.

FAQs About Suing For Slander

What Evidence Do You Need To Sue For Slander?

To sue for slander, you must have evidence that the slander is done with negligence, defamatory intentions, harm, and malicious intent. You must prove that someone made a false statement about you, it was published to a third party, the person acted recklessly and intentionally, and that because of the statement, your reputation was damaged. As slander is verbal, it can be difficult to prove.

Is It Worth Suing For Slander?

Suing for slander can be expensive. Contact an attorney who has experience in defamation cases to assist you and to help you determine if it will be worthwhile to sue for slander.

How Long Do You Have To Sue Someone For Slander?

You have one year from when the statement is made to sue an individual for slander. As long as your civil lawsuit is done within this statute of limitations, you will be able to sue for slander.

Contact Us

If you or a loved one is seeking to sue someone for slander or being a defamation/libel lawsuit, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our experienced attorneys in California today!