Can you be sued for libel against a dead person?

Asked about 1 year ago - Los Angeles, CA

Can the estate of a deceased person sue someone for libel?

Attorney answers (3)

  1. Manuel Alzamora Juarez

    Contributor Level 20

    6

    Lawyers agree

    Answered . Yes, you can be sued. Specially so in the case of the Estate of a deceased person. Whether they will recover against you may be another matter. For instance, if a person dies in an automobile accident and he leaves a family behind, the defendant can be sued on behalf of the Estate and of the deceased children. Similarly, if the Estate of the deceased is managing an asset that depends on the reputation of the deceased and your libel jeopardizes the value of that estate whether it is because of royalties or , products or songs or any type of entertainment value and there is a proven marked reduction on the income you may be sued for the damages to the reputation of the asset of the Estate. However, the truth is always a defense. Consult with a defamation lawyer in L.A. for this is the place where these type of lawsuits are bound to be filed. If you need a defense lawyer, please contact me for a referral. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  2. Richard Carl Binder

    Contributor Level 12

    4

    Lawyers agree

    1

    Answered . California lets ongoing defamation suits to continue after the death of a plaintiff. California's survival statute provides that no cause of action shall be lost by reason of the person's death. See Cal. Civ. Proc. Code § 377.20(a). In furtherance of that right, the court will allow a pending action to be continued on motion by the decedent's personal representative or successor in interest. See Cal. Civ. Proc. Code § 377.31. Therefore, a deceased plaintiff's defamation claim could be continued by his estate or surviving spouse. Damages recoverable in such actions are limited to the loss or damage that the decedent sustained or incurred before death. See Cal. Civ. Proc. Code § 377.34. However, that assumes that the case was filed BEFORE the death of the plaintiff

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes

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