How to Sue a Writer for Libel

In general terms, libel is defined by the publication of written statements, which the originator knows or should reasonably know to be false and which cause significant financial or other injury to the party at which they are directed. In cases where the publishing firm of the libelous statements has protected itself from liability, it may be possible to directly sue the writer who originally made the statements.

Difficulty: Moderate

Instructions

Things You'll Need:

• Computer with Internet resources
• Attorney who specializes in libel or personal injury law (highly recommended)

Take Legal Action Against a Writer for Libel

1. Consult a specially qualified attorney to discuss your case before you actually sue the writer. He or she will advise you as to whether or not you have sufficient evidence to make a case and what further documentation you may need to prepare before you bring a lawsuit.

2. Contact the writer and ask him or her to take back the libelous statements in the same forum in which they were originally published. This preventative measure can reduce or eliminate any damage the libel might cause and can also strengthen your case in court should the writer choose to refuse your request.

3. Keep copies of absolutely every piece of correspondence that passes between you and the writer who wrote the defamatory remarks. It's also a good idea to have any correspondence you send notarized before it's mailed and to send it via registered post, return receipt requested in order to prove that the individual received it. This will nullify any potential attempts the defendant might make to claim ignorance.

4. Try to reach a settlement with the writer out of court if you have clear grounds on which to sue but still want to avoid the trouble of going to court. In some cases, this may actually lead to a more beneficial settlement than a judge would award.

Tips & Warnings

• Prepare a case significant enough to overcome the writer's freedom of speech rights as guaranteed by the First Amendment to the U.S. Constitution. Many a libel lawsuit has failed against constitution-based defenses. You, of course, also have the right to pursue your own ends free of libelous attacks, but you must prove beyond reasonable doubt that your case is valid.

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