Libel Slander And Defamation Lawyers Near Me In Chicago
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In Illinois, a defamation claim generally has three elements that the plaintiff the must prove in order to recover: (1) a false statement about the plaintiff; (2) made to a third party (also known as publication); (3) that harms the plaintiff's reputation.
Illinois defines defamation as a false statement of fact about the plaintiff “published,” which means shared with another person, that harms the plaintiff's reputation (i.e. lowers the plaintiff in the eyes of the community). There are two categories of defamation in Illinois: defamation per se and defamation per quod.
“Illinois recognizes five categories of statements that are defamatory per se: (1) words that impute that a person had committed a crime; (2) words that impute that a person is infected with a loathsome communicable disease; (3) words that impute a person is unable to perform or lacks integrity in performing her or his ...
The plaintiff must prove that the defendant was negligent if the plaintiff is a private individual. On the other hand, if the plaintiff is a public figure or official, the plaintiff must demonstrate that the defendant acted with actual malice.
Written defamation is called "libel," and spoken defamation is considered "slander," and they both fall under "defamation." In the US, defamation is not usually a crime. Instead, it is a "tort" or civil wrong. Under the law, a person who has been defamed can seek damages from the perpetrator.
Under Illinois law, you may have a claim for defamation if you can prove that someone made a false statement about you. If you win, you may be entitled to economic and punitive damages. The law of defamation, however, is complicated and there are numerous defenses to defamation claims.
In order to state a claim for defamation under Illinois law, the plaintiff must show that the defendant made a false statement concerning plaintiff, that there was an unprivileged publication of the defamatory statement to a third party by the defendant and that the plaintiff was damaged.
