In Texas, a person can sue for defamation if another person has published an offensive statement or photo about them on the internet. Defamation laws vary from state to state, and the process is complicated. While some states have a longer statute of limitations than others, Texas does not. You can sue as soon as a year after the defamatory statement appeared online. But if you wait longer than a year, you may lose your case. car wreck law firm Houston
In Texas, you may only recover nominal damages if you can prove that a statement caused you pain and suffering. The law assumes that you have suffered mental anguish or lost reputation as a result of the statement. Statements that accuse someone of a crime or injury to their profession are defamatory per se. The law also recognizes a plaintiff's burden of proving actual damages.
To sue for defamation damages, you must be a public figure. In Texas, public figures can sue for damages if the statements are made with malice. Actual malice means knowing that the statement was false, and reckless disregard of the truth. Texas courts have held that public officials, such as law enforcement agents and the U.S. Securities and Exchange Commission, are public figures. Defamation damages in such situations require actual malice on the part of the defendant.
While retraction requests may reduce the plaintiff's ability to receive exemplary damages, they can serve to mitigate economic damages. A plaintiff may not be able to collect exemplary damages if the publication has made a public apology, and that is a valid defense. But if a plaintiff has no proof that the statement was true, the court may still hold that the publication libelous.
Defamation damages in Texas are often awarded to those who have been subjected to unsavory statements about themselves or their work. While defamation damages are rare, they can be significant and can cover an array of damages, from a few dollars to millions of dollars. For those who have suffered a loss due to another's words or photos, it is vital to take action as soon as possible.
However, there are several exceptions to the general rule, if you are to sue for defamation. In some cases, the TCPA may apply to your claim even if you are not the original author of the statement. If you're suing someone who published a controversial story, you must prove that it was true. Otherwise, your case may not be successful. The state Supreme Court has not recognized the neutral report privilege, but lower courts have upheld this defense.
If you are a public figure who was the target of a defamatory statement, the only way to win compensation for your injury is to prove that the defendant had malicious intent when making the defamatory statement. Defamation attorneys will be able to analyze the details of your case to determine the strength of your defamation claim. A defamation lawyer is your best option.