When someone has made a defamatory statement about you, you have the right to take legal action and file a lawsuit. Unless the defendant is willing to pay up for his or her transgression against you, you could be faced with fighting your case in court. To help with your preparations for court, it is important that you know the possible defenses the defendant could use.

The Truth

The basis of a defamatory statement is that it is false. If the statement that person made against you was true, he or she could argue such and your case would go out the window. 

Your only move if the defendant claims that the accusations were true is to prove that they were not. Use witnesses and any documentation that you have to make the case that the statement made was false. 

The Right to Make a Statement

In some situations, regardless of whether or not the statement is factual or not, the person making it has the right to do so. The person is afforded absolute privilege. The person is basically immune to legal action for making the statement.

For instance, if a political candidate makes a false statement against his or her opponent, legal action cannot be taken. The same applies to statements that are made by higher level government officials and legislators who are in the midst of legal debates. Statements made during judicial proceedings are also exempt.

An Opinion

Another key element to a defamatory statement is that it has to be made as a fact. For instance, if an employee told an employer that a co-worker had been arrested the previous night for selling drugs, it would be considered a statement of fact. If the co-worker had not been arrested for drug activity, then the statement would be considered defamatory.

However, if the employee made a statement and it was his or her opinion, it cannot be defamation. For instance, if the employee told the employer that he or she "thought" the co-worker was arrested, it would be considered a statement of opinion. The employee could point out that by saying "I thought" that it was merely an opinion. In this instance, you would have a hard time making a case.

Since defamation falls into the personal injury law category, it is a good idea to talk to an accident attorney about your potential defamation case. The attorney, like one from Kaston & Aberle, can even help you prepare against possible defenses.