Defamation With Malicious Intent In Illinois
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FAQ
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.
Malicious falsehood differs from defamation because the statement concerned may not make people think less of you.
If you decide to do it alone, your letter should state the specific defamatory statements made, confirm that they are defamatory, indicate the reputational harm caused, demand an apology and retraction of those statements, and demand that they cease making further statements failing which you will sue them.
Under Illinois law, the elements of a defamation claim are: (1) a false statement about the plaintiff (2) made to a third party (sometimes referred to by courts 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.
In Illinois, a plaintiff must file a defamation lawsuit within one year after the defamatory statement was made, so it is important act quickly. To speak with one of our experienced defamation litigation attorneys, call us at (630) 560-1123 or visit us at our website at .DGLLC/contact.
To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence ; and 4) damages , or some harm caused to the reputation of the person or entity who is the ...
The types of damages available for defamation per se in Illinois generally include presumed damages, as discussed above, and nominal damage. Punitive damages may also be available if the plaintiff can show that the defendant acted with actual malice.
In defamation action based on statements regarding matters of public concern, actual malice must be proved before presumed or punitive damages can be awarded. Actual malice requires that statement be made with knowledge that it was false or with reckless disregard of whether it was false or not.
Absolute privilege provides a complete defense or bar to any defamation claim, regardless of motive or the facial or actual unreasonableness of the defendant's conduct.
