In a recent entry, we went over the basics of libel and slander. Since there are a lot of specific instances that involve these defaming torts, I did some research to dig up more information on what really constitutes defamation. Here are a few specific questions, and sources where you can find more information about that particular aspect of the law.
From who can sue and for what, these resources might make you feel more confident about your rights and how you are protected.
1) Can I sue someone who testified against me, but I was found innocent?
Well, since all cases are different, here is one interpretation that may clarify things. A witness is protected as a privileged person. They don't have to worry about libel and slander because their testimony is to prove or disprove the allegation anyway. The protection is meant to make them feel comfortable enough, and not worry about legal backlash, as long as they tell the truth.
Going off of this idea, if they lie and they know that what they are saying isn't true and they are found out, they could face criminal charges of perjury. That means that they knowingly lied under oath after they swore that they wouldn't. This could be hard to prove since they could say that they believed what they were testifying.
While you won't be able to take them the civil court, they will be tried in criminal court which could have them convicted of either a class A misdemeanor or a class D felony (Sections 210.005 and 210.15). These convictions range from prison time of no more than one year to seven years based on the Laws of New York.
Also, you may be eligible to receive restitution based on the fines that the criminal has to pay. That means that what he has to pay for his crime, may go to you.
2) Can I sue someone for defaming my family name?
If they were only talking about one family member, not the whole group, and that member is
deceased, then you have no case. A personal injury attorney may be able to spin it so that the bad press against the family member has hurt the family business, but in that case there has to be proof: lost business, dropped clients because of the scandal, evidence that the name has been tainted.
If you have other specific questions about defamation, you can contact a New York personal injury attorney. They may be able to advise you on whether or not you have a case. Also, a New York personal injury attorney will be able to tell you the laws that are specific to New York.
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