Legal Question in Business Law in Pennsylvania

What is the process for a libel suit and how much can the financial claim be ?


Asked on 4/19/12, 10:29 am

1 Answer from Attorneys

Those are not the questions to ask. The questions would be what was written? Does it meet the definition of libel? Is it libel per se? What are your actual damages because of the libel? Who libelled you? Are you a public figure or a private person? When did the libel occur? Did you ask the person to retract?

Litigation is very expensive and unless the defendant happens to be a company with insurance a lawyer may not take this case on contingency, which means you will have to pay out of pocket.

Damages have to be proven, although it depends on the nature of the defamatory statement. There some statements which are defamatory on their face (usually impugning someone's chastity or lack thereof, accusing someone of having a loathsome disease or impugning someone's business reputation are defamatory on their face). What damages have you suffered?

The timing is important as libel actions are governed by a 1 year statute of limitations. See

42 Pa.C.S.A. � 5523One year limitation

The following actions and proceedings must be commenced within one year:

(1) An action for libel, slander or invasion of privacy.

Whether you are a public figure is also important. You don't have to be running for office to be a public figure - you just have to be in the public domain.

What I suggest that you do is go see a lawyer who specializes in defamation suits. They are a specialty of law and you need someone who practices in this area regularly in order to maximize your chance for success.

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Answered on 4/19/12, 7:51 pm


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