Is Slander or Libel Considered Personal Injury?

According to the legal definitions of personal injury in the United States, both slander and libel can be considered actionable personal injury, since both constitute defamation against character. Slander is defined as short-term defamation (mainly spoken word but gestures and sign language may also constitute slander). Libel, on the other hand, involves written (or more permanent -- e. g. DVD depictions) defamation of character.

The first amendment of our constitution guarantees freedom of speech and expression liberally. Thus, plaintiffs in slander and libel cases must go to extraordinary lengths to prove that actual damages were committed by the defamation. In situations involving celebrities, sports figures, politicians, or other widely public figures, the burden of proof of defamation is even higher.

In a case called New York Times versus Sullivan, the US Supreme Court revised the actionable definition of defamation as it applies to celebrity cases. The new law required that plaintiffs prove “actual malice” in said cases. In the wake of Sullivan, many slander and libel cases fell by the wayside.

Defamation cases may be filed on both the federal and state levels, although three quarters of said cases are filed with the states. There are multiple defenses to both slander and libel. Your personal injury attorney can talk to you about how these defenses apply to your case.

These remedies include:

Your personal injury attorney (or proxy to a personal injury attorney) should be able to point out which defenses may or may not apply and help you construct a reasonable case to pursue action.