Defamation is any derogatory and untrue statement against an individual presented as a fact that creates misrepresentation and causes damage to the victim. If this statement harms the working ability or reputation of the person, it is considered defamation and a Denver defamation lawyer may be able to help the victim seek justice.
Every state has its own defamation laws through which the victims can file a lawsuit against anyone who made a false statement. If you are living in Colorado and a defamatory statement has been made about you that resulted in some harm, you have the right to file a lawsuit and attain compensation.
However, it is essential to consult a defamation lawyer in Denver and understand what defamation is in Colorado before pursuing a case.
- Principle Attorney, Dan Ernst was recently quoted in Law Week Colorado as a subject matter expert: Read Here
Understanding Defamation in Colorado
Colorado gives individuals a right to file for exemplary and punitive damages if a
slanderous act is malicious or intentional. Defamation occurs when someone makes a derogatory or false statement about an individual to a third party. In addition to slander, Colorado law also recognizes
libel, which involves written or published defamatory statements that can harm a person’s reputation.
Elements of Defamation
Issues of
First Amendment rights often arise in defamation lawsuits, particularly when balancing free speech against reputational harm. The multiple defamation elements in Colorado defamation law include:
- Falsity: The statement made should be completely false.
- Damage: You must prove certain material harm, like reputation damage or monetary loss. However, this isn't required if the situation is considered defamation per se.
- Publication: The statement must be made to a third party or published to be considered a defamation
- Fault in Statement: The statement must have negligent disregard
- Statement of Fact: The statement must be falsely communicated as a fact. It might not be classified as defamation if it isn't made as a fact.
Defamation Per Se
Certain untrue statements against people are considered so wrong that they are deemed harmful in Colorado. When a case can be categorized under defamation per se, the individual doesn't have to prove in court that specific monetary harm was done. The untrue statements in these cases would include:
- Accusing an individual of committing a crime that they have not committed
- Claiming an individual is unfit to be in their trade or profession
- Stating an individual has an STD
- Saying an individual is unchaste or impotent
Defamation Per Quod
If the case doesn't fit in the defamation per se category, it is considered defamation per quod. The individual has to plead while proving special damages to go to trial. The special damages in Colorado are considered as:
- Resulting from defamation
- Suffering caused to the plaintiff
- Specific loss of money
Related:
What Constitutes Defamation in Colorado?
Damages That Can Be Recovered
If you successfully file a defamation lawsuit and win, you can get money damages. There are multiple kinds of damages you can recover based on your case:
- General Damages: This includes damages that are less easily defined based on the individual's hurt feelings, pain and suffering, shame, and lost reputation.
- Special Damages: These are the damages made to the victim’s occupation, profession, business, property, or trade.
- Punitive Damages: These are not applicable in all cases but are granted to severely punish the defendant for their actions.
Statute of Limitations for Defamation in Colorado
The defamation lawsuit can be filed in Colorado within one year of:
- The date the individual should have known or knows about the derogatory statements against them
- The date a derogatory statement has been made
Find a Defamation Lawyer at Ernst Legal Group
If someone has been presenting a false statement against you as a fact that is causing you harm, you might have the right to file a lawsuit against them. It is essential to consult a Denver defamation lawyer to help you fight the case. Get in touch with our experienced defamation attorney to get the compensation you deserve.
Colorado gives individuals a right to file for exemplary and punitive damages if a slanderous act is malicious or intentional. Defamation occurs when someone makes a derogatory or false statement about an individual to a third party. In addition to slander, Colorado law also recognizes libel, which involves written or published defamatory statements that can harm a person’s reputation.
If you successfully file a defamation lawsuit and win, you can get money damages. There are multiple kinds of damages you can recover based on your case:
