Legal Question in Civil Litigation in Indiana

awarding damages

I f a judge finds a person guilty of false reporting to the prosecutor, which the same reported information was found in civil court defamation of character, what amounts of money and types of awarded damages could possibly exsist for me? I love this new site it is aewsome!!!


Asked on 8/17/02, 9:52 am

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: awarding damages

Let's assume you are the person wrongly defamed by this false report to the prosecutor. If there has been a conviction, then that judgment will create a presumption in your favor in a civil action against the lying defamer. And you will probably win a judgment. So now the question is how big of a judgment? Does the lying defamer have any assets over and above the Indiana homestead and other exemptions? Is it possible that the lying defamer is covered by some sort insurance if you plead your case the right way? Would you be perceived by a jury as a sympathetic victim, deserving of a generous award for your trouble? Or would the jury likely see this as a case of King Kong vs. Godzilla, in which case they might give you a judgment, but only award nominal damages, like $100 or less? What kind of actual damages can you prove, like lost employment, lost business opportunities, etc.? How badly was your reputation harmed? Did you have a good reputation in the first place? If not, the "no harm, no foul" rule may apply. You should confer with a real (not cyber) attorney who tries cases in your county so these and other questions can be fully evaluated. It's not possible to give you an estimate of damages without knowing the answers to these questions and without knowing the sensibilities of your local juries. I can say you will probably win a civil case, but the judgment might be very large or it might be very small, depending. The odds of a satisfying judgment would be greatly improved if you were represented by an attorney. If you don't know an attorney, contact your county bar association and ask for a referral.

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Answered on 8/17/02, 11:21 am


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