Is defamation considered personal injury?

Yes, defamation can be considered a form of personal injury under Louisiana law. While most people associate personal injury with physical harm, damage to your reputation can also give rise to legal claims, especially if it results in financial loss or emotional distress.

A Lake Charles personal injury attorney can help you build a strong defamation case and pursue compensation for the harm done to your reputation.

What is defamation under Louisiana law?

Defamation is a false statement made to a third party that causes harm to someone’s reputation. There are two main types:

• Libel: Written or published defamatory statements (e.g., online posts, articles).
• Slander: Spoken defamatory statements (e.g., rumors, verbal accusations).

Both types can lead to personal injury claims if they result in measurable harm.

What are the legal elements of a defamation claim?

To win a defamation case in Louisiana, you need to prove several key things. First, there must be a false statement communicated to someone other than the person it’s about. This is considered “publication” under defamation law, even if the audience is just one person.

The statement must also cause actual harm. This might include losing a job, losing clients, or suffering reputational or emotional damage. The statement can’t be protected or “privileged,” for example, statements made during court testimony may be exempt. Ultimately, the speaker must have acted either negligently or maliciously, depending on the circumstances.

Truth is a complete defense in Louisiana. According to Louisiana Revised Statutes §13:3602, if a defendant is sued for slander, libel, or defamation, they are allowed to plead and prove the truth of the statement as justification. If the court finds that the allegedly defamatory statement is true, the case may be dismissed, even if the statement caused harm.

Can you sue someone for a false social media post?

Yes. In the age of social media, false accusations and harmful claims posted online may qualify as defamation. A single tweet, Facebook comment, or Instagram post can cause serious reputational harm. If someone falsely accuses you of a crime, unethical conduct, or other damaging behavior online, you may have a libel case.

Even if the post was later deleted, your personal injury attorney can use digital tools to recover evidence and build your claim. It’s important to act quickly before content is lost or altered.

What damages can you recover in a defamation personal injury case?

• Actual damages: Lost income, damaged business reputation, or therapy costs.
• General damages: Emotional distress and shame.
• Punitive damages: In rare cases, if the defendant acted with actual malice.

The amount depends on how severely the defamatory statement impacted your life.

Are public figures treated differently in defamation lawsuits?

Yes. Public figures, like celebrities and politicians, must meet a higher standard of proof. In these cases, the plaintiff must show that the defendant acted with “actual malice,” meaning they knew the statement was false or acted with reckless disregard for the truth.

This added requirement is designed to protect free speech and the open exchange of ideas about public officials or issues of public concern. But it also makes defamation claims more difficult for well-known people.

What types of speech are not protected?

While the First Amendment protects freedom of speech, there are limits. The following types of speech are not protected:

• Defamation, including libel and slander
• True threats or incitement to violence
• Obscenity or blackmail

If someone falsely accuses you of criminal behavior or posts misleading content designed to harm your reputation, they may face legal consequences.

What should I do if I’ve been accused of defamation?

If you’re facing defamation accusations, make sure to stay calm and avoid making public statements in response. Don’t delete any posts or messages, as these could serve as key evidence in your defense. Instead, consult an attorney who understands Louisiana’s defamation and personal injury laws.

Your lawyer can evaluate whether your statement qualifies as a protected opinion, truth, or privileged communication. They’ll also help you avoid further legal risk while building a defense strategy.

Do I need a personal injury attorney for a defamation case?

Absolutely. Defamation cases are highly fact-specific and require a nuanced understanding of both personal injury and First Amendment law. An experienced personal injury attorney can review the statement in question and build a strong legal argument.

Because these cases often come down to fine distinctions, such as whether the statement was an opinion or a fact. Working with a lawyer who knows how to navigate both court proceedings and pre-lawsuit negotiations is essential.

Take action to protect your reputation

If someone’s false and damaging statements have harmed your career, relationships, or peace of mind, you may have a personal injury case based on defamation. At The Johnson Firm, we’ve been helping clients in Lake Charles and southwest Louisiana stand up for their rights since 1980.

Call (337) 433-1414 or contact us online to schedule a consultation with a Lake Charles personal injury attorney today.