How to Sue for Mistaken Identity

Mistaken identity is considered defamation of character.

Mistaken identity can cause serious harm. Legally speaking, mistaken identity is a matter of defamation. Suing for mistaken identity requires both proof of defamation and proof of harm. Consult your state's legal statues for rules and guidelines affiliated with defamation cases in your county or district. If you were harmed by a case of mistaken identity - and can prove it - do not delay in taking your case to court.

Things You'll Need

• Personal ID
• Evidence of defamation
• Evidence of harm
• Defamation of character petition

Instructions

1. Identify who caused the defamation. For example, a reporter and publication executives, who published a false story stating that you were responsible for a crime. Obtain a hard copy of the defamation for your legal records. Hire a defamation attorney, if necessary, to represent you in the case.

2. Provide evidence that you were harmed by defamation. Hold onto police reports or medical records if necessary. Collect evidence of the defamation and proof of harm.

3. Go to the office of the clerk for the state district court. Provide two forms of personal identification to the clerk. Explain your case of mistaken identity, show your evidence to the clerk, and request a petition to file a defamation of character lawsuit.

4. Fill out the petition in full. Detail how the case of mistaken identity was perpetrated and what harm it caused you as a result. Make three copies of the petition and all supporting documentation.

5. Return two sets of copies to the clerk - one for the court files and the second for the defendant. Maintain the third set of copies for your own personal records. Inquire with the clerk about court hearing dates and locations.

References

• Harvard Human Rights Journal: Defamation Law -- Positive Jurisprudence
• Law; Yale Defamation Lawsuit Becomes a Case of Mistaken Identity for Texas Attorney; Mary Alice Robbins