Defamation: The Tort Retort to a Filed Claim

So you are all set to file a claim against someone for damaging your property or causing injury, and everything seems in order. The paperwork is done, the evidence has been consolidated and you seem halfway to filing a successful claim. Before you proceed further, peek through your indignation and evaluate your case with a neutral mind. Does it put you in a strong position? Do you think you can satisfy the legal requirements?

If your claim lacks evidence, you can be slapped with a counter claim: one for defamation tort. What exactly is defamation tort, and how can you ensure that you are protected from it? Read on to find out.

What is Defamation Tort?

Defamation, as defined by law, is classified as slander and libel. Slander is defamation by spoken words, and may or may not be prosecutable according to the country that you are in. Libel includes all forms of published content that may harm the repute of the person it is about.

What is Considered Defamatory?

If you accuse someone of a crime, as may be the case when you file a claim, the court may consider your claim to be defamatory. Of course, if your claim is true, this won't be the case. If your claim lacks evidence, or cannot substantially prove that the damage caused was due to the defendant, you may find yourself dealing with tort. Other occasions where defamatory tort claims can be filed are for accusing someone of sexual misconduct, or claiming they have a foul disease.

Why Can My Claim Result in a Defamation Tort?

Law recognizes evidence differently from what we consider to be evidence. In a court of law, one can't base an argument on what you think happened. No matter how sure you are of the others guilt, you need to provide convincing factual proof to back up your statement. If the defendant's lawyer finds that your claim is not strong enough, he may chose to file a tort claim in response. This does not mean that all weak claims can be countered with a defamation tort. Allegations which are false and cannot be proved are more likely to qualify as defamation.

How Can I Make My Claim Stronger?

Claims can be strengthen by including relevant evidence. One way to do this is by enclosing pictures, especially before and after pictures. For example, if damage has been caused to your property, find pictures of the property without damage, and take pictures of the damage incurred. Similarly, at the scene of a road accident, take pictures of the road to with the skid marks.

Completing paperwork and presenting the evidence clearly can help legitimize your claim and prevent it from looking like an allegation. Even better is to hire an attorney to file the claim on your behalf.

Remember, it is the duty of the law to protect everyone. Whether you are claiming or defending, the law will protect both sides. If you find that a false claim has been filed against you, the tort law can help you get damages.

Post a Comment

Previous Post Next Post