If you have been involved in a defamation case, then you might know that your job is not over after your case is filed. There are a lot of preparations that need to be made so that you can successfully file your case.
Choosing the Right Lawyer
When it comes to filing any case, you need a good lawyer to represent you. If you are filing for a defamation case, then you need to search for lawyers, who specialize in defamation cases. Make a list of credible lawyers in your area and call them up.
Ask they specialize in defamation cases. Meet them and explain your case to them. Ensure that you do not leave out any detail of your case. No matter how embarrassing it is for you to speak up, you need to be frank with your lawyer.
If you have been a victim of online defamation in regard to explicit images, information or false allegations against you have been posted on social media or internet, then you can hire a defamation removal law agency that can help delete the damaging content or image and track the culprit.
Beginning the Initial Investigations
Now that you have hired a lawyer, they will begin their investigations. They might ask you questions which you need to truthfully answer. This will give them a brief insight on what exactly happened. Ensure that you have proof which can be presented to your lawyer to make your case strong.
If you have witnesses, this will be an added bonus. In case of written defamation, you might want to present a copy of the content to your lawyer. In case, the lawyer feels that there is a chance of you getting some monetary benefit, they might persuade you for an out of court settlement.
In this case, your lawyer will send a formal letter to the defendant. The defendant can go in for a negotiation, and by the mutual consent of the plaintiff and the accused the monetary amount can be promised to the plaintiff.
Defaming Filing Process
If the plaintiff does not agree for an out of court settlement, then the case will be filed in the court. There will a lot of trial dates given by the court and the timeframe for the case to get resolved can vary from 1 – 3 years.
The defaming filing process is as follows:
- The discovery process begins
- This is a formal investigation undertaken by both the parties
- Here both the attorneys will send written interrogatories (questions) to the opposite parties
- Then the negotiation phase starts wherein both lawyers try to settle the cases within themselves
- If not, then they go in for mediation wherein a mediator tries to resolve the case
- Finally, if that does not work out, then the trial process begins
There are no fixed dates for trials. These can get postponed or preponed depending on the disposal of the judge.
You need to take some timeout from your busy schedule and be present for the hearing. Be mentally prepared to multiple court hearings before your case is settled.