Defamation Law

Kolman Law P.C. is one of top firms that specialize in defamation law, with a proven record of success. Recently, the firm secured a jury trial verdict that was affirmed by the Third Circuit Court of Appeals, where they also won punitive damages for their client. Just as they helped that client, they are ready to help others facing defamation issues.

It’s important to understand that not every negative statement qualifies as defamation. Opinions that are unflattering but based on personal experience typically don’t meet the threshold. However, when a false, malicious statement is circulated, it can cause severe harm to a person's livelihood, emotional well-being, and reputation. That’s why quick action is crucial in defamation cases.

Kolman Law often resolves such cases through cease and desist letters, an effective and affordable solution. These letters demand the removal of defamatory content, offering clients a cost-effective way to protect their reputation without escalating legal costs.

The core of any defamation claim lies in the falsity of the statement. To succeed, the victim must prove that the defamatory statement was made with malice or reckless disregard for the truth. If a statement is true, it cannot be considered defamation.

Proving Defamation in Court:
Libel (written defamation) is generally easier to prove when there is a clear, written record, such as texts, social media posts, or emails. The existence of these records helps substantiate the claim.
Slander (spoken defamation), however, is more difficult to prove. Defamatory comments made during conversations often rely on witnesses whose memories may vary or be unreliable. Proving slander often depends on overcoming the challenge of unreliable or unwilling witnesses.
In defamation cases involving a public figure, the plaintiff must additionally prove actual malice, meaning the defamatory statement was made with knowledge of its falsity or reckless disregard for the truth.

For a statement to be defamatory, it must damage the plaintiff’s reputation, exposing them to hatred, ridicule, or contempt, or cause them to be shunned in their personal or professional life. This harm must go beyond mere insults or offensive remarks.

Privilege:
Some statements made in privileged settings, such as a private meeting, may not be considered defamation. For instance, if a manager accuses an employee of theft in a private meeting, the setting may protect the statement from defamation claims. However, if the same accusation is made in a public meeting, the employee may have grounds to sue.

It's important to note that social media platforms typically enjoy immunity from lawsuits related to defamatory content due to legal protections. Even if a post contains false and harmful information, the platform may not be liable or compelled to remove it due to this immunity.

In Pennsylvania, the concept of "publication" in defamation law refers to the act of disseminating the defamatory statement, which directly impacts the victim's reputation. For legal purposes, publication means that the false statement has been shared with others. Examples include accusations of having a serious illness, committing a crime, or engaging in behavior incompatible with one’s profession. These statements are considered "published" because they have been communicated to others, and the law presumes that such defamatory remarks are inherently harmful.

Even if there is no direct financial loss, victims can still recover damages. For instance, if someone needed medical treatment due to the emotional distress caused by the defamation, they can seek compensation. Additionally, victims don't need to prove that their reputation was significantly harmed or that others believed the false statements. They can still pursue damages for emotional pain, mental suffering, and the cost of removing the defamatory content.

In some cases, punitive damages can be awarded to punish the defamer, even if the victim did not suffer direct economic loss. This serves as a deterrent and a way for the court to send a strong message about the seriousness of the defamatory conduct, as seen in a recent case litigated by Kolman Law, where punitive damages were imposed.

Defamation can quickly harm a victim’s reputation, potentially causing long-term damage to an individual or business. It’s crucial to act swiftly when defamation occurs because any delay can worsen the harm and may lead a court to question the urgency and seriousness of the claim. In other words, if the defamatory statement was truly damaging, courts may wonder why immediate action wasn’t taken.

A skilled defamation lawyer can help secure a restraining order to remove the defamatory content if certain conditions are met, including:

A strong case on the merits by showing that the statement is false.
Irreparable harm to the victim’s reputation if the statement remains public.
The harm caused by keeping the statement public outweighs any harm to the person who made it.

Acting promptly with the guidance of an experienced defamation attorney is essential to minimize damage and strengthen the case​