I recently posted a question on a web site that allows the public to post questions and then get answers from other users of the web site. Somebody answered the question poorly (due to the low quality and lack of information in the answer) and I took the answerer to task for just using the web site for trying to drum up business for herself. The answerer replied in a snarky manner, so I posted another response really taking her to task for her actions and lack of professionalism and trying to get customers off the web site. She then answered again and implied that I needed to get help based on what she read into my posts. If it makes a difference I'm anonymous, she is identified with contact information. Since she inferred I have a problem isn't that defamation per se? how much can I get?
How was your reputation damaged insofar that you incurred financial loss? That's the point of Defamation. Hurt feelings, by themselves, are generally not enough. Plus it costs $337 to open a most lawsuits in Cook County, plus $50 - $120 to have someone serve that person.
Probably not worth it.
Probably nothing. From what you posted, I do not even see a claim for defamation.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
As other counsel have alluded to, there are generally several parts of a defamation claim that you need to prove: (1) false statements of fact (opinions are protected to if the statement is merely an expression of an opinion, there is no "misstatement of fact); (2) knowledge on the part of the speaker that the statement was false; (3) that the statement was "published" (meaning either orally-slander- or in writing-libel); and that you suffered economic damage. Weigh those things together and you may have a tough road ahead, based on what you've posted here.
Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
As the above attorneys point out, defamation lawsuits are costly and without damages, the cost may exceed the recovery, however, you would want to get a free consultation with a defamation lawyer in your state nevertheless to protect your rights. Good luck.
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