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Denver Defamation Lawyer

Defamation Attorney in Denver

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

Denver defamation lawyer Dan ErnstColorado 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.

Elements of Defamation

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

Damages That Can Be Recovered

man whispering damaging rumors into someone's earIf 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.

Frequently Asked Questions

As a dedicated defamation lawyer in Denver, we specialize in handling cases where an individual's or business's reputation is harmed due to false statements. Our expertise includes navigating complex legal landscapes to protect your rights, whether it's slander (spoken defamation) or libel (written defamation).
A reputation lawyer, unlike a general attorney, focuses exclusively on cases involving reputation damage, such as defamation. This specialization ensures in-depth knowledge of laws and precedents relevant to protecting personal or business reputation against false statements.
If you believe you're a victim of defamation, it's crucial to act promptly. We encourage you to reach out to us for a thorough assessment of your case. Our experienced team will provide guidance and help you understand your legal options to protect your reputation.

Additional Information in Denver, Colorado

Cornell Law School - Legal Information Institute offers a comprehensive overview of defamation law, explaining key concepts and legal definitions.
The Free Speech Center provides insights into how the First Amendment impacts defamation law, offering a deeper understanding of free speech rights in relation to defamation cases.
Forbes Feature offers practical tips and strategies for individuals and businesses on how to manage and protect their online reputation effectively.
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Protecting the rights of businesses and individuals injured by defamatory publications or slanderous speech in all of Colorado.

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