Whenever a person or any other entity makes a derogatory or false statement about you that may harm your reputation, the statement will be called defamation. It may be posted online, on social networking sites or come out in printed version. Even a spoken statement is also a defamation, known as slander. Here we discuss what you should do if you find a defamation statement made against you.
You Should Contact A Defamation Lawyer
A professional lawyer can guide you in every step. So, you should look for top defamation lawyers Perth.
- In your first meeting, a copy of the written statement should be produced. And if it is posted online, you should bring a printed copy.
- In the next step, you should make a list of people who knows the incident and its effects better.
- If you have plans to claim financial compensation, you should bring financial documents like bank statements or account details, income tax information, notices stating the end of the contract, or any relevant document that will be able to prove that you have faced financial losses for this statement.
- Mutual trust and understanding are the two pillars of a successful legal procedure. You know, you have hired one of the best lawyers for defamation of character, so you need to have trust in him or her.
You Need To File The Defamation Lawsuit
The next step will involve filing the lawsuit. The three steps are as follows.
- It Begins With The Complaint
Once the discussion with your lawyer is over and the lawyer has done some preliminary investigations about you and the case, you can now go with the legal proceedings. You need to lodge a complaint in your state’s civil court system. This will mark the beginning of the lawsuit process. Here, you have to keep in mind the defamation statute of restrictions as per your state or territory government.
Well,you will not get the court’s verdict in just a few weeks or months after lodgement. It’s hard but true, sometimes it may take more than one year to go into the trial stage. Meanwhile, you can continue with the negotiations regarding settlementoutside the court.
- Service, Answer, And Discovery
In the following stage, the defendant party receives the lawsuit documents and gets little time to send a response.The answer should be very reasonable.
Once the response comes, a scheduling order is issued by the court. Important deadlines are mentioned in this order. Then, all the parties involved in the case send written questions to each other with the help of their lawyers. This phase is termed as interrogation period. The parties have to answer the questions after taking the oath.
The other party will similarly ask you to provide certain documents. You need to sit and discuss with your lawyer.
to give answers and gather all the records. But, depending on the circumstances, sometimes your lawyer may advise you to reject answering those questions or withhold those documents.
In the deposition phase, the opposing party lawyer will ask you questions. Here also, you need to answer under the oath. You can see it as a unique opportunity where you can judge yourself and determine and type of witness you will use for the trial. You will also be able to get an idea how strong your claims are and what will be the jury’s perception about you.Your lawyer will provide the necessary help. The opposing lawyer will also question your witnesses who have enough knowledge about the case.
- You Should Settle A Defamation Case
With the progress of the case, you will get to know each other pretty well. Now you may think about settlement negotiations. It is your decision whether you will settle the case outsidethe court or go for the trial. But whatever decision you will take,never forget to consult with your lawyer. The lawyer’s advice will entirely depend on the circumstances.
A trial can be very stressful, or you may not love to bring out some information in the public. Also, you may get the order in your favour, but not the ‘libel damage’ as expected. Such a situationtakes place when loss calculation is difficult.
Most people aboutimpatient about getting something in the future andthus avoid taking risks. Rather, they like to be satisfied withthe amount they receive after the trial ends. They do not expect toget a big amount in the future. You should also consider these factors, depending on your conditions.
Most defamation lawsuits reach a settlement when both sides agree to all the terms. Lawsuits go to trials when both sides remain far apart from any agreement. So, in such complexities, defamation of character lawyers are highly needed in every stage.
Where Can You Find A Defamation Lawyer?
Defamation Lawyers Perth has been providing services for years. For best lawyers for defamation of character, you may get in touch with the firm officials.