Founding Attorney
When someone makes a false statement that harms your reputation, Florida law allows you to pursue a defamation claim. Defamation occurs when a person publishes or shares information that damages your standing in the community, affects your career, or harms your personal relationships. Whether you have a case depends on what was said, how it was shared, and whether the statement was false and made with the required level of intent.
What Counts as Defamation in Florida? Libel vs. Slander Explained
Florida recognizes two forms of defamation:
- Libel is written or published defamation, such as accusations posted on social media, emails, text messages, blogs, or news articles.
- Slander is spoken defamation, such as statements made in conversations, meetings, or recorded audio.
Both forms of defamation require that the speaker or writer communicated the statement to at least one other person and that the statement harmed your reputation in a meaningful way.
Key Elements You Must Prove in a Defamation Case
To bring a successful defamation lawsuit in Florida, you must show:
- A false statement of fact about you, not an opinion.
- Publication to a third party, meaning someone else heard or read it.
- Fault, which varies depending on who you are and the context of the statement.
- Harm to your reputation or other measurable losses.
False Statement vs. Protected Opinion
Florida law draws a firm line between facts and opinions. A person may express an opinion, even a harsh one, without committing defamation. For example, “I think he was rude” is an opinion. “He stole money from clients” is a factual allegation. Only false statements of fact can support a lawsuit.
Understanding Fault and Actual Malice
The level of fault you must prove depends on whether you are considered a private individual or a public figure.
- Private individuals must show that the defendant acted negligently when making the statement.
- Public officials and public figures must prove actual malice, meaning the defendant knew the statement was false or acted with reckless disregard for the truth.
Actual malice is a higher standard that often applies when the plaintiff is well-known or involved in public affairs.
Common Defenses in Florida Defamation Cases
Even when a statement causes real harm, the defendant may raise defenses that limit or defeat your claim. The most frequent defenses include:
- Truth – If the statement is true, the defendant cannot be held liable. Truth is a complete defense.
- Opinion – If the statement is clearly an opinion, and not presented as a fact, it is generally protected.
- Privilege – Certain statements are protected because of where or how they were made. For instance, statements made during court proceedings or legislative hearings are typically privileged.
- Lack of Harm – If the defendant can show that the statement did not cause actual harm or that your reputation was not affected, the claim may fail.
What Damages Can You Recover in a Defamation Lawsuit?
If your case is successful, Florida law allows you to pursue several categories of damages. Depending on the facts, these may include:
- General damages, such as harm to your reputation, embarrassment, or emotional distress.
- Special damages, such as loss of income or business opportunities that resulted from the defamatory statement.
- Punitive damages, which may be awarded in cases where the defendant acted with intentional misconduct or extreme recklessness.
The value of your case depends on how the statement spread, how widely it was believed, and the impact it had on your personal or professional life.
How Long Do You Have to File a Defamation Claim in Florida?
Florida gives you a two-year statute of limitations to file a defamation lawsuit. The clock typically starts on the date the statement was made or published. Missing this deadline usually means losing your right to pursue the claim, so it is important to evaluate your options promptly.
When You Should Discuss Your Case With a Civil Litigation Attorney
You do not have to guess whether you have a viable claim. Defamation cases often turn on the wording of the statement, the evidence of harm, and the defendant’s intent. When you bring us in early, we help you assess your options, preserve evidence, and determine the strongest path forward.
Get Help Protecting Your Reputation
Reputation matters, and you deserve to respond when false statements cause harm. If you believe you have been defamed, we will review what happened and help you understand your next steps. Contact Van Elswyk Law to discuss your situation and learn how we can support you.