When someone makes false statements about you, it can have a big impact on your life. If these statements are damaging to your reputation, you may be able to file a lawsuit for defamation. In Iowa, there are specific rules that govern defamation and libel lawsuits. Here’s what you need to know:
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What Is Defamation?
Defamation is the act of making false statements that harm a person’s reputation. There are two types of defamation: slander and libel. Slander is spoken defamation, while libel is written defamation.
What Is Libel?
Because libel is written, it is typically easier to prove than slander. In order to prove libel, you must show that:
- The statement was false
- The statement was made with the intent to harm your reputation
- The statement was published (shared with a third party)
- You suffered harm as a result of the statement
Examples Of Libelous Statements
Some examples of libelous statements include:
- Accusing someone of committing a crime they did not commit
- Saying that someone has a disease they do not have
- Claiming that someone is sexually promiscuous when they are not
- Stating that someone is incompetent or unethical in their profession
What Is The Statute Of Limitations For A Libel Lawsuit In Iowa?
In Iowa, you have two years from the date that the libelous statement was published to file a lawsuit. However, if the statement was made as part of an ongoing course of conduct, the statute of limitations may be extended.
What Damages Can You Recover In A Libel Lawsuit?
If you win a libel lawsuit in Iowa, you can recover several types of damages, including:
Compensatory damages: These are damages that are designed to compensate you for the harm that was caused by the statement. They may include damages for emotional distress, lost wages, and damage to your reputation.
Punitive damages: These are damages that are designed to punish the person who made the statement. They are typically only awarded in cases where the statement was made maliciously or with reckless disregard for the truth.
What Defenses Are Available In A Libel Lawsuit?
There are several defenses that a defendant may use in a libel lawsuit. These include:
Truth: If the statement is true, it cannot be considered libelous.
Opinion: Statements of opinions are protected by the First Amendment and cannot be considered libelous. However, if the statement implies that there are facts to support the opinion and those facts are false, the statement may still be considered libelous.
Privilege: Certain statements are privileged and cannot be considered libelous. For example, statements made in a court of law, or statements made by a government official while performing official duties are privileged.
Conclusion
If you believe that someone has made a false statement about you that is damaging to your reputation, it’s important to speak with an experienced attorney who can help you navigate the complexities of a libel lawsuit. With the right legal representation, you may be able to recover damages and restore your reputation. Remember, you have a limited amount of time to file a lawsuit, so it’s important to act quickly.