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Yes, in Florida, defamation is considered a form of personal injury because it can cause emotional distress and harm a person’s reputation. While it doesn’t involve physical injury, Florida law recognizes reputational harm and related emotional suffering as compensable personal injuries. The affected person can file a defamation lawsuit against the responsible party to recover damages for financial losses and emotional distress.
In Florida, both spoken and written defamation (called slander and libel) can form the basis of a claim. However, the burden of proof rests on the plaintiff, and proving defamation can be challenging without the help of an experienced Fort Myers personal injury attorney.
Understanding Florida defamation law: slander and libel
Under Florida defamation law, a defamatory statement is a false and damaging claim made about another person as though it were a fact. This type of statement can seriously affect someone’s career, relationships, or community reputation.
- Slander is verbal or spoken defamation. Making false statements aloud to others can be considered slander if the listener believes them to be true.
- Libel is written defamation. This includes digital communication like emails, text messages, or social media posts. Online harassment or rumor-spreading can easily cross the line into libel.
Both types of defamation can create real and lasting harm. When false statements spread quickly online, the negative effects can follow a person for years.
How to prove defamation in a Florida personal injury case
The burden of proof in defamation lawsuits lies with the plaintiff. To succeed, your law firm has to demonstrate these elements:
- A person made a false statement about you.
- The statement was communicated to others.
- The statement caused you measurable harm.
- The statement was not protected speech.
- The statement can be proven false.
Plaintiffs have to prove defamation by a preponderance of the evidence, meaning it is more likely than not that the statement was both false and harmful.
[H3] Examples of damages caused by defamation
- Loss of employment or professional opportunities
- Damage to business reputation
- Suspension or loss of professional license
- Blacklisting or refusal of future work opportunities
In some situations, false accusations can even result in wrongful arrest or criminal charges, which can lead to additional economic and emotional losses. Defamation can also cause severe emotional distress that manifests physically through anxiety, depression, or stress-related illness.
Fact versus opinion: where does defamation cross the line?
Many defamation cases in Florida turn on whether the statement was presented as fact or opinion. Negative opinions, even harsh ones, are generally protected speech. However, a statement of fact that the speaker knows to be false is not.
For example:
Saying “I think Anna is difficult to work with” is an opinion.
Saying “Anna stole from the company” when it’s untrue is defamation.
Under Florida defamation law, the speaker’s intent and awareness of the statement’s falsity matter. Depositions, also known as written communications, and witness statements can help show whether a statement was knowingly false and meant to harm.
What to do if you’ve been defamed in Florida
If someone is spreading false and harmful statements about you, especially online, keep track of everything. Take screenshots and save any posts or messages you come across, since content can disappear or change fast. The more evidence you have, the easier it is for an attorney to show a pattern of lies and build a stronger defamation case on your behalf.
Under Florida personal injury law, victims of defamation may recover damages for both emotional distress and economic harm. Our law firm’s personal injury attorneys can help prove your case and pursue fair compensation for your losses.
Call Lytal, Reiter, Smith, Ivey & Fronrath today at (561) 655-1990 or contact us online for a free consultation and learn how we can help you move forward.