How to Sue for Libel or Slander Under Florida's Law
Defamation laws in Florida involve both libel and slander. Libel is generally defined as defaming someone in writing by making false statements that cause injury to that person's reputation. Slander involves speaking defamatory words that harms a person's reputation. An individual who sues under Florida's defamation laws must prove he was harmed in some way by the oral or written statements made against him.
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Instructions
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Find witnesses who heard or read the statements. Before filing a lawsuit, Florida law requires the plaintiff to find a third party who either heard or read the statements about the plaintiff and believed that the plaintiff's reputation was harmed by what was said or written.
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Gather evidence to prove that you have been harmed as a direct result of the statements. The evidence could include showing how false and malicious statements made by individuals or the media caused you to lose customers or your employment, for instance. Newspapers, television stations and Internet bloggers have been sued due to what was written or broadcasted about individuals.
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Hire a lawyer who specializes in defamation cases. Because the attorney knows about Florida's laws regarding libel and slander, he can review the evidence you gathered to determine whether you have enough proof to sue. If you do not have enough hard evidence, the lawyer will let you know what else is needed before you can file a defamation lawsuit.
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Notify the defendants in advance that you intend to sue. Florida law mandates that the plaintiff notifies the defendant at least five days before actually filing the lawsuit that he will be sued for defamation. The purpose of this requirement is to give the defendant time to rectify the matter, either by correcting or retracting the false statements.
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File the defamation lawsuit in the circuit court of the county in which you live. The statute of limitations for filing a defamation case in Florida is two years. That means you have two years from the date the libel or slander occurred to file a lawsuit.
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Prepare for trial. Your attorney will walk you through the court process. For instance, there may be pretrial activity such as having hearings on motions filed by your attorney or the defendant's attorney. There also may be an opportunity to settle the case before going to trial.
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Seek damages after a favorable verdict. If a judge or jury finds in your favor, you can seek compensatory damages and punitive damages. Compensatory damages are awarded to compensate you for what you lost as a result of the slander or libel. Punitive damages are awarded when a judge or jury finds the defendant was "motivated solely by unreasonable financial gain" and actually knew that his actions would harm you. Florida law limits punitive damages to $500,000 or three times the amount of the compensatory damages, whichever amount is larger. Compensatory damages are multiplied to four times the amount of compensation or $2 million, whichever is larger. The law also states that if the judge or jury determines that the defendant specifically intended to harm the plaintiff and determines that the defendant's conduct did in fact harm the plaintiff, "there shall be no cap on punitive damages."
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Tips & Warnings
One of the most noted libel cases nationwide involving the Internet occurred in Florida. A Florida businesswoman sued a Louisiana woman over negative comments the Louisiana woman made about her that caused her business to suffer. In October 2006, the Florida woman won an $11.3 million judgment against the Louisiana woman. As of publication, there were eight court cases nationwide in which bloggers were sued for libel and privacy claims, according to the Media Law Resource Center. The center's report shows that the bloggers lost the cases and were ordered pay total damage awards of $16,128,000 to the people they wrote about on their blog.
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