Being falsely accused of sexual assault, can I sue for defamation on a contingency basis?

Asked over 2 years ago - Durham, NC

A fellow student falsely accused me of sexual assault to the university judicial office. The accuser can't offer any proof, evidence and details of this accusation.

I have to pay lawyers to defend this accusation. Since this is outrageously baseless and malicious, can I sue for damages and punitive damages?

More importantly, can I find a lawyer who is willing to represent on a contingency fee basis?

Attorney answers (3)

  1. Kevin Marc Habberfield

    Contributor Level 10


    Lawyers agree


    Answered . You will need to talk to attorneys in your area and see if they would be willing to take the case on a contingency basis. Typically, insurance does not cover this sort of thing so you may find out that the target defendant is judgment proof (i.e. a judgment is worth nothing against her). If so, there is no point in spending time and money to get a judgment against someone who will never pay. Get an attorney to defend you and see what happens from there. Once the case is over, then assess whether you have a case to pursue as well as who will help you do it. Be aware, however, of the statute of limitations for the defamation claim and be sure to address that with your attorney.

    Good luck and be's a jungle out there.

    Legal Disclaimer: Mr. Habberfield is licensed to practice law in the States of New York and Pennsylvania. The... more
  2. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree


    Answered . You should concentrate on defending the claim first. A good lawyer in your city who does both criminal and civil should be able to handle all your needs.

    Licensed in Pennsylvania & New Jersey & Serving the Nation. Only 29% Fee Deducted. 1-877-258-3083. www.... more
  3. Joel Jay Kofsky

    Contributor Level 14

    Answered . You always have the right to sue. However, absent a compelling case and a "deep pockets" defendant I would not expect someone to accept this case on a contingent basis.

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