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Defamation in New York? NYC Defamation Lawyer

Posted by Victor M. Feraru | Aug 26, 2023 | 0 Comments

Defamation is a tort that when full blow can cause some extreme harm to individuals and businesses.

What is Defamation Under New York Law?

Defamation is a statement that injures a third party's reputation. The tort of defamation includes both libel (written statements) and slander (spoken statements). State common law and statutory law govern defamation actions, and each state varies in its standards for defamation and potential damages. Defamation is a tricky area of law as the lines between stating an opinion versus a fact can be vague, and defamation tests the limits of the First Amendment freedoms of speech and press.

To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject of the statement.

New York has four categories of statements that constitute defamation per se, which include statements charging a person of committing a serious crime, and statements that tend to injure a person in the person's business, trade, or profession.

Under New York Law, the statute of limitations for defamation, libel, or slander is one year from the act. With such a short statute of limitations, if you are being defamed, it is best to contact my office to discuss the particulars of your potential case.

Damages in New York Defamation Cases

No two cases are alike. However, in Defamation Cases in New York, Courts allow for the recovery of economic and non-economic damages.

If you prove your cause of action for defamation, you may be entitled to recover your actual damages. The amount typically depends on the harm to a person's reputation.

Special damages are the amount you can calculate with precision, such as medical bills, lost wages, lost future earning capacity, and other lost economic opportunities.

Depending on the statement, you may be able to recover money for amounts that you cannot calculate with certainty. These are called non-economic damages.

In the most outrageous cases, there is a chance may be able to recover punitive damages.

Please do not hesitate to call my office today to review your matter.

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About the Author

Victor M. Feraru

Principal Attorney


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