Do I have a small claims libel case?

Asked over 1 year ago - Sandusky, OH

I've been off of work for the past year due to a surgery in a workers comp. case, which marks my 3rd surgery in all. I had a "friend" accuse me of faking the injury (even though I have limited movement and a very strict weight limit) and "taking advantage" of the system, even thin I'm due for my 4th surgery next month.

These things were written on a public forum (Facebook) and have been the cause of several more fights with friends from the original posting.

Ultimately, do I have a possible claim for libel in small claims court? While this has cost me nothing so far, other than some great relationships, who knows what could come of it in the end if I don't take steps to end it.

Thanks!

Additional information

This person wrote another post on their own wall, which I'm not privy to viewing but have been sent the text from friends, stating how I've been faking the injury and taking advantage of the system. Previously, the first "conversation" was limited to just a friends status.

Attorney answers (2)

  1. Jacob W Pillsbury

    Contributor Level 11

    1

    Best Answer
    chosen by asker

    Answered . You can bring a case if the statements are false (based on your info they clearly are) and can be taken as a statement of fact and not a joke or opinion. In some jurisdictions, such as Florida, a plaintiff in a libel or slander case has to prove actual damages (i.e. loss of employment, inability to become employed). Your facts suggest that you have openly not suffered any measurable damages.

    However, I suggest contacting an attorney to discuss the possibility of an action. You may have suffered damages that you do not realize are recoverable.

    This answer is intended to be used for general purposes only; it does not create an attorney-client relationship.
  2. Aaron Michael Minc

    Contributor Level 6

    Answered . If you are merely trying to "prove a point" for a small amount of court costs and no attorneys fees, be my guest. But honestly, you will probably look ridiculous in the process and lose more respect with the people who you have fallen out of favor with.

    Additionally, to win a defamation claim in Ohio you need to show damages beyond just hurt feelings. If you lose a workers comp case because of this, that might be some damages, but it doesn't really seem like you are talking about much money here. Move on.

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