How to Sue Someone for Libel

In general terms, libel is constituted by the printing or otherwise publishing of injurious written statements, known to be false by the writer, that harm another party's character. You can sue someone for libel if you have reason to believe the printed defamatory statements were injurious to your personal or financial standing.

Instructions

Difficulty: Moderately Easy

Things You’ll Need:

• Computer with Internet access
• Defamation law specialist (highly recommended)

Take Legal Action Against Libel

1. Visit FreeAdvice (see Resources below) to view a chart outlining the statute of limitations regarding personal injury law in all 50 U.S. states. Links to state Web sites are also available.
2. Protect yourself from being sued by someone for libel by ensuring any written material you publish regarding another party's character is based on truth, or the closest approximation to truth of which you are capable. Libel only applies to writers or publishers who make statements known to be false.
3. Be prepared, if you are the plaintiff, to demonstrate in concrete terms exactly how the libel caused injury to you or your party. Be prepared to show documentation illustrating financial losses, especially in cases where the libel disrupted a business. Personal injury must also be proven in tangible terms, though this can get more complex. Discuss such situations with an attorney if you are going to sue someone.
4. Find a lawyer in your area who specializes in libel and slander cases. The knowledge of a specialist attorney will greatly improve your chances of winning a civil or criminal lawsuit. Recognize that there are significant differences between civil and criminal defamation law. AttorneyPages (see Resources below) offers a state-by-state directory of defamation specialists in the U.S.
5. Have your lawyer bring a civil or criminal suit against the party who you believe committed libel. The overwhelming majority of libel cases are civil cases in which one party will sue for compensation for the damages they incurred. If possible, settle out of court if you wish to avoid the time and expense of a prolonged civil case.

Tips & Warnings

• Don't confuse libel and slander. Slander is, in general, spoken defamation that takes place in public which results in damage to the victim.
• The U.S. Constitution's First Amendment offers strong protection to freedom of speech. Plaintiffs in libel cases have been known to encounter difficulty because of speech protection laws. The clear commission of libel, though, can be punished severely.