Have you learned that others have made false statements about you that have harmed your personal and professional reputation? If so, you may have a defamation claim that entitles you to recover compensation for your financial and personal losses. Turn to a criminal lawyer from Peakstone Law Group in Colorado Springs for help protecting and rebuilding your good name.
Our attorneys stand ready to help you pursue your defamation case. With over 40 years of combined legal experience and a proven track record over thousands of cases, our team has what it takes to pursue a favorable resolution for you.
Contact us today for a free initial case review with a Colorado Springs defamation lawyer to discuss your options for seeking financial relief and accountability.
Signs You May Need a Defamation Attorney in Colorado Springs
Here are some common signs that indicate you may have a defamation claim and need a libel and slander lawyer in Colorado Springs:
- You read false statements about you in a news article, social media post, or online review.
- Your acquaintances tell you that they have heard false rumors about you.
- You hear third parties repeating false claims about you.
- Long-time clients suddenly stop doing business with you without an explanation.
Understanding Defamation Law: Libel vs. Slander in Colorado
In Colorado, defamation can take two forms: libel and slander. Slander refers to defamation that occurs through spoken statements. Conversely, libel occurs when a person publishes, broadcasts, or communicates in permanent form a written defamatory statement.
An example of slander would include a person directly telling an individual’s family members that the individual committed a crime when they had not done so. An example of libel includes a person publishing a newspaper article or leaving an online review falsely accusing a business of stealing customers’ money.
Libel and slander can occur per se or per quod. Slander per se requires the statement to falsely associate the targeted party with the commission of a crime, the affliction of a “loathsome” disease, unchastity, impotence, or improper conduct in the party’s business, trade, or profession.
Slander per se does not require any extrinsic evidence to explain the statement’s defamatory nature. A reasonable person can readily understand the statement’s defamatory nature. Libel per se also requires no extrinsic evidence, inference, or innuendo to understand that the statement concerns the targeted individual and defames them.
In contrast, a per quod claim occurs when a slanderous or libelous could have both defamatory and non-defamatory meanings, and extrinsic knowledge is required to understand the statement’s defamatory meaning.
How to Prove a Defamation Case in Colorado
The elements you must prove in a defamation claim in Colorado depend on the type of claim you bring. Defamation per se involves an untrue statement that the state considers harmful as a matter of law. All other defamatory statements are considered defamation per quod.
In a defamation per se claim brought by a public official or by a private person concerning a matter of public interest, a plaintiff must prove:
- The defendant published or uttered the defamatory statement or caused another party to publish or utter the statement.
- The statement caused the plaintiff actual losses.
- The substance of the statement was false at the time the defendant made it.
- The defendant knew of its falsity or recklessly disregarded its truth or falsity when making the statement.
In a defamation per quod claim brought by a public official or by a private person concerning a matter of public interest, a plaintiff must prove:
- The defendant published or uttered the defamatory statement or caused another party to publish or utter the statement.
- At least one third party who heard or read the statement understood or perceived its defamatory nature.
- The statement caused the plaintiff actual losses.
- The statement was about the plaintiff.
- The substance of the statement was false at the time the defendant made it.
- The defendant knew of its falsity or recklessly disregarded its truth or falsity when making the statement.
In a defamation per se claim involving a private person and private matter, a plaintiff must prove that the defendant published or uttered the defamatory statement or caused another party to publish or utter the statement. Conversely, in a defamation per quod statement, the plaintiff must prove:
- The defendant published or uttered the defamatory statement or caused another party to publish or utter the statement.
- The statement had a defamatory nature.
- The statement was about the plaintiff.
- The statement caused the plaintiff actual losses.
Potential Damages in a Colorado Defamation Lawsuit
A successful defamation lawsuit can provide you with financial recovery for various economic and non-economic losses you incur due to a slanderous or libelous statement, such as:
- Harm to your reputation
- Emotional pain and suffering
- Inconvenience
- Emotional stress, anxiety, embarrassment, humiliation, and lost quality of life
- Loss of income or earnings or lost future earning capacity caused by the loss of a job, clients, or business opportunities
- Reasonable medical expenses, such as therapy or mental health treatment
- Loss of more favorable financial opportunities or impairment to credit standing
In a defamation per se claim, you do not need to prove that you sustained actual financial losses unless you qualify as a public figure. However, for a defamation per quod claim, you must establish that you incurred actual losses to recover compensation for other losses such as emotional distress or inconvenience.
How to File a Defamation Lawsuit in Colorado Springs
You can file a defamation lawsuit in Colorado Springs by filing a complaint in court. Our experienced reputation protection lawyers can draft a compelling complaint and ensure you validly institute your legal action in court.
Furthermore, under Colorado Revised Statutes § 13-80-103, you have only one year after the occurrence of a defamatory statement to file a lawsuit against the responsible party or parties. Because you have limited time to pursue your legal options, you can best protect your rights by speaking with a defamation lawyer at Peakstone Law Group as soon as possible.
How a Colorado Springs Lawyer Can Help with Libel and Slander Claims
If a false assertion has harmed your reputation, you may have the right to seek financial recovery and justice from the party who libeled or slandered you. Contact Peakstone Law Group today for a free, no-obligation consultation with a libel claims lawyer to discuss your legal options for pursuing compensation for the harm you’ve suffered due to defamatory statements.