Legal Question in Civil Litigation in California

Damages for slander

You ask, 'is it worth it?' It depends on howserious the slander was, and how badly you weredamaged. If somebody tells outrageous lies andit costs you your wife, job, and all your property- and you're a sympathetic guy - AND if thedefendant has lots of wealth, you can expect ahandsome recovery, of which something like 40%would go to your lawyer, unless you got counselwho would agree to another deal.

Now, if you're NOT a particularly sympatheticguy, and you're just pissed off, and the defendant is, say, Mother Theresa, your chancesare a lot more slim.

Regards,

Scott Pearce

Slander Recovery

There is no way to give a general answer to a question like this, as so much will depend on the specifics of the case. Some slander cases (like the one brought against actor Carroll O'Connor last year after he called the man who gave his son drugs a drug dealer) really aren't likely to be worth anything. Others have a lot more merit.

Among the pertinent factors are:

Can you prove that you were harmed by the slander? Although you can collect "general damages" without showing any actual harm, such damages are often not enough to cover the price of the litigation. By "harm" I don't mean only financial loss, but also emotional distress and demonstrable loss of reputation.

Is the defendant going to be able to pay? Even a great slander case against a bankrupt defendant (unless the defendant has applicable insurance) won't get you anywhere.

Was the slander truly outrageous? In some circumstanced it may be possible to get punitive damages if such slander caused emotional distress.

Who was the slanderer and under what circumstances was the statement made? There are circumstances where a statement is immune from slander liability.

There are myriad other concerns which don't apply in most cases, but might apply in yours depending upon the specific facts. Also, all of this assumes that the statement was actually slanderous and that you can prove the truth of your claims.

You're welcome to contact me if you want to discuss specifics.