Legal Question in Personal Injury in Florida
Defamation of Character
I belong to a not-for-profit organization of 700+ members. Last year I was a candidate for the Board of Directors. To seek votes I wrote a letter to all members to advanced my opinions, ideas and criticism of decisions undertaken by past and current Boards.No name-calling, no insults, nothing but factual statements, easily proven.
After the elections I received a certified 4-page letter from one Board member, speaking on behalf of the Board, on official stationery, as their answer to my campaign letter.
In their letter, mailed to each and all members of this organization I was repeatedly called a fool and a liar, accused of fabricating lies, accused of wanting to profit through the demise of our organization, I was vilified, ridiculed and defamed.
In my certified rebutal letter to the Board I asked for an apology and a retraction. A month later I followed with a second letter and advise them that if no retraction was forthcoming I would seek legal remedies.
I may have no way of proving economic losses, but would like to know: what chances are there of bringing a lawsuit for libel and defamation of character, to restore my good name among my peers, and obtain for them at least the punitive damages their action deserves?
1 Answer from Attorneys
Re: Defamation of Character
To fully answer your question it would be necessary to see the exact letter by the board member. From your description it should qualify under Florida law as libel per se which does not need actual damages to allow punitive damages. Punitive damages are based on the net worth of the offender so it is important to know the persons assets and if other members of the board participated in the letter.
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