Defamation & Invasion of Privacy Attorneys
Here at Mockler Leiner Law, P.A., we understand that your reputation is incredibly important for your professional and personal success. We also understand the importance of your protected, private information, such as your financial situation and intimate relationships.
If a person’s private information is somehow obtained by another person, or if a person’s good reputation is tarnished by a false statement, choose the experienced litigators at Mockler Leiner Law, P.A. to help restore your reputation and to recover damages incurred as a result of these false statements or the invasion of privacy.
If you or someone you know is a victim of defamation or other invasions of privacy, call Mockler Leiner Law, P.A. today at (813) 331-5699 to schedule a free consultation with one of our skilled attorneys.
Defamation
A claim for defamation requires proof of five things:
Publication - a written or spoken statement that was made to one or more third parties, or to the public at large.
Falsity - the statement must be untrue.
Defamatory - the statement must be defamatory, i.e. it must be false or create a false implication (such as linking together a person’s statements without context in a way that creates a false impression).
Negligence or Malice - the standard for this element varies based on the subject of the false statement. If the false statement concerns a public figure on a matter of public importance, the speaker or writer will be liable if the statement was made with either actual knowledge of its falsity or with reckless disregard of whether the statement was false. If the statement is made about a non-public person or a non-public issue, the plaintiff only needs to prove that the speaker or writer was negligent in sharing the false statement.
Actual damages.
In certain cases, the law recognizes special categories of defamation called defamation per se. If a statement qualifies as defamation per se, the law presumes general damages. For example, the law will presume damages in cases where the defamatory statements imply that a person has committed a crime of moral turpitude or is unfit to practice their profession.
Invasion of Privacy
Florida recognizes three causes of action for invasion of privacy:
Appropriation of Name or Likeness - unauthorized use of a person’s name or likeness to obtain some benefit.
Intrusion Upon Seclusion - physically or electronically intruding into one’s private space or person.
Public Disclosure of Private Facts - publication of private facts that are offensive to the reasonable person and not of legitimate concern.
This means that you are entitled to seek compensation for any injuries caused by certain intrusions into your private affairs.