Legal Question in Civil Litigation in Illinois

Re: defamation of character

You may have several options. The only defense to a defamation lawsuit is "truth." If you have false rumors spread about you, you may have a cause of action in defamation, which includes: slander, libel and false light. You may also be able to include a punitive damage count since things may be done in deliberately and wantonly. Also, you may be able to get a temporary injunction and then a permanent injunction to first make them stop and then to prevent them from continuing in their behavior.

You need to speak with an attorney as soon as possible to deal with this issue. Call my firm if you have any questions or need clarification.

Nima Taradji

(312) 372-4252

--

Re: defamation of character

The acts of your sister are unfortunate both because of the statements made about you and from whom they emminated, i.e., your own sister saying such untruths about you. That said, this is the situation you face.

Under Illinois law, to prove defamation, a plaintiff must establish that a defendant made a false statement concerning plaintiff, that there was an unprivileged publication of the defamatory statement to a third party by defendant and that plaintiff was damaged.

In Illinois, there are two types of defamation: (1) defamation per se; and (2) defamation per quad. In the former ("per se"), a plaintiff need not prove a single tangible damage as a result of the defamatory statement; rather, once defamation of this sort has been proved, damages are presumed, such that you would automatically get some award, even if it were only $1. Of course, with victory, you could obtain non-monetary benefits, such as injunctive relief, etc.

There are four categories of statements are considered defamatory per se: (1) words that impute the commission of a criminal offense; (2) words that impute infection with a loathsome communicable disease; (3) words that impute an inability to perform or want of integrity in the discharge of duties of office of employment; and (4) words that prejudice a party, or impute a lack of ability, in his or her trade, profession, or business.

You have not with specificity said exactly the statements that your sister has said about you and, therefore, it is impossible to know whether any fall w/in the defamation per se definition.

If the statement does not constitute defamation per se, then it would fall into defamation per quod. To prove the latter, you would need "extrinsic" proof that the statement is false and you would need to prove actual damages you suffered as a result of the wrongful act.

Based upon the little you wrote regarding your circumstances, it seems that you would have a claim against your sister for defamation.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]; www.lawyers.com/alo