Slander is the publication of a harmful, false statement of fact about another person. Slander refers to spoken or oral defamation. Libel refers to written or printed defamation. In Virginia, slander and libel are treated the same under the law.
A lawsuit can be filed against a person who makes an actionable statement. Nevertheless, defamation lawsuits are challenging because the plaintiff needs strong evidence and a thorough understanding of the law.
You need to know what your rights and obligations are under the law. You should know how to protect yourself from derogatory statements and malicious accusations.
Contact a civil litigation attorney for help with the defamation claim.
To be successful with defamation claims under Virginia Law, plaintiffs need to show the following elements:
There is a one-year statute of limitations in Virginia that applies to both slander and libel suits. If they miss this deadline, they lose the right to sue for defamation.
Plaintiffs often receive different damages depending on the circumstances. They include:
In a defamation lawsuit, there are several defenses you can use. They include:
If you need a slander lawyer in Virginia, contact Ashwell & Ashwell, PLLC, today.
To prove slander in a Virginia court under Virginia defamation law, the plaintiff must show that the defendant made an allegedly defamatory statement that was spoken and heard by a third party and caused harm to the plaintiff’s reputation or profession.
The exact words of the allegedly defamatory statement must be presented, and the statement should not just be insulting words but must assert defamatory facts or constitute defamation – implying criminal conduct or adversely affecting a person’s character or profession.
Convincing evidence is required to demonstrate that the statement was false and that it was the natural and probable consequence of such a statement that led to harm.
In Virginia, the statute of limitations for filing a defamation action, including slander, is one year. This means that a person who believes they have been slandered must file their lawsuit within one year from the date the defamatory statement was made.
This limitation is established to ensure that claims are made while evidence is still fresh and available.
Public figures are treated differently in slander cases in Virginia, as established by the Virginia Supreme Court and consistent with the Supreme Court of the United States.
For a public figure or someone holding such an office to win a slander case, they must prove ‘actual malice’ – that the defamatory statement was made with knowledge of its falsity or with reckless disregard for the truth.
This higher standard, requiring clear and convincing evidence of actual malice, stems from the principle that open and robust debate regarding public figures is encouraged, and thus, the threshold for proving defamation is higher.
Statements qualify as slanderous against a public figure only if they meet this stringent criterion of demonstrating actual malice.
Ashwell & Ashwell has a team of experienced lawyers who are highly respected in their respective fields. We provide legal services that are tailored to meet your individual needs. Our attorneys are passionate about helping our clients reach successful outcomes.
Among the ways we can assist you are:
When you are accused of making defamatory statements in Virginia, it can be very stressful and frustrating. In addition to feeling that your freedom of speech and expression has been violated, you may also feel unfairly targeted by someone trying to silence or harm you. However, this is a challenge you do not have to face alone.
Contact Ashwell & Ashwell, PLLC, if you need a slander attorney. Our firm has represented countless clients in defamation cases with positive results.
Call us to learn more about our practice and learn all the ways we can help you.
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