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While individuals do possess the right to freedom of speech, there are specific limitations regarding statements that can damage another person's reputation and financial well-being. According to Florida law, such harmful conduct may lead to a defamation lawsuit, allowing you to seek compensation for any losses resulting from those unlawful statements. However, due to the implications for civil rights, these cases can be particularly intricate.
At Douglas & Douglas, our attorneys have a deep understanding of the pertinent laws and a wealth of experience advocating for clients in defamation cases. We diligently pursue accountability for those who jeopardize your interests, recognizing that words can significantly affect your reputation and future opportunities. Reach out to our office today to schedule a consultation with a defamation attorney. We will clarify the crucial legal matters, and an overview of the issues may also prove beneficial.
There are certain facts you must prove to recover compensation based upon defamatory statements. The five essential elements of a defamation case are:
Plus, Florida has a statute of limitations in defamation cases. You must file a lawsuit in court within two years after the statement was published, or you cannot recover damages for your losses.
There is an additional element that you must prove if you’re an elected official or otherwise in the public eye. The US legal system encourages people to speak their minds about public officials, so these individuals don’t enjoy as much protection from defamation actions. In addition to the five elements above, you must also prove that the speaker acted with actual malice. This term means that person made a statement known to be false, or with reckless disregard of its truth or falsity.
If you successfully prove the five points above, plus actual malice if applicable, you can obtain monetary damages for your losses. For example, you may be able to recover for:
If you have experienced harm due to defamatory statements, securing experienced legal representation is crucial to address the responsible party. At Douglas & Douglas, our team is equipped to employ all legal strategies available under Florida law. We invite you to reach out to our office to schedule a consultation with one of our attorneys. We will be better positioned to outline your options after gaining insight into your unique circumstances.
We’re here to listen, guide, and fight for your rights—let’s start the conversation and explore how we can best support your case.
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