“Defamation” is a term which covers the ways a false statement made about someone can damage their reputation. These types of cases can also be referred to as “defamation of character” or “disparagement”. In Indianapolis & Indiana, defamation usually comes in the form or Libel or Slander. The difference is simple: A defamatory remark is considered Libel if it is in written form, and is considered slander if it was spoken. Trade Libel means any form of defamation that has direct impact on one’s business or occupation. Indiana defamation lawyers can help you make this distinction if you are unsure, as in some scenarios the distinction could become less clear (like with internet defamation, for example).
In Indiana defamation per se also comes into play. Defamation per se refers to any publication or statement that is inherently defamatory – so the victim does not need to prove material damage, because the damage can be easily presumed. For example, statements related to a plaintiff’s sexual conduct, insisting the plaintiff has a contagious disease, has committed a criminal act, or engaged in professional misconduct are all defamatory by themselves, and harm to one’s reputation is inherent in the statement. Conversely, defamation cases in Indiana can also be considered per quod, which is essentially the opposite of per se. Defamation per quod requires a defendant to prove the material harm incurred as a result of given statements, as the harm is not considered obvious.
In Indianapolis & Indiana, the statute of limitations for defamation lawsuits is two years; that means you only have two years from the time you noticed the damage occurred to file your lawsuit. This is one area where Indiana is unique to other states. Outside of Indiana, the statute of limitations time clock starts from the moment the defamatory remark was made; in Indiana, you have two years from the time you actually noticed the damage that had occurred. Riley Williams & Piatt are experienced defamation lawyers in Indiana and can help you determine whether or not you have a valid defamation lawsuit. Contact Riley Williams & Piatt today for a consultation about your defamation case today.