Legal Question in Personal Injury in California

Re: Need help with defamation claim

Mr. Olster and Mr. Hoffman have it right.

Abraham Lincoln once said that a man who represents himself has a fool for a lawyer. There is a lot of truth in that, which is why lawyers usually hire other lawyers when they sue or are sued.

But, good luck!

Re: Need help with defamation claim

Go to a local law library:

1. read everything you can, for example from Witkin on California Law on defamation and its defenses.

2. Read a good book on procedure for bringing a lawsuit. You might try the Nolo Press books.

3. Read the Court rules and Local Rules.

GOOD LUCK

Joel Selik

www.4thelaw.com

www.taxworkout.com

Re: Need help with defamation claim

The first step is to analyze the facts and determine whether your employer is immune from liability under California law. Employers in California enjoy statutory protection against defamation claims under certain circumstances.

Any experienced plaintiffs' attorney will speak to you for free. If you have a viable case, it can be handled on a contingency basis, and the law firm can front the legal costs.

In other words, if you have a case and you find the right attorney, it shouldn't cost you one cent. (Unless you lose, but that's an issue that needs to carefully handled and evaluated by your attorney).

Re: Need help with defamation claim

You absolutely can proceed without a lawyer, but parties who represent themselves often make serious mistakes which damage or destroy their chances of success. If you want to proceed, your first step is to prepare and file a complaint. To find out how to do this, go to a local law library (I believe every California county has one at the county seat, and your nearest law school will probably allow you to access its collection) and ask the librarians to point you to a book that explains the process in detail. Of course, you will need to learn about more than just the complaint; you will also need to learn about the many other steps which will follow.

Another useful source of information is in books published by Nolo Press (I am not endorsing them, I just happen to have seen some of their books and I do not know about any comparable publisher), which specializes in books to educate non-lawyers about how to handle their own legal affairs. You might want to buy some of their books if repeated trips to the library are too inconvenient, or if your local library doesn't have these books available.

I should add that, if your case is a strong one, you might be able to find a lawyer willing to take your case on a contingency fee basis. That way, you would not have to pay any fees unless and until you win, and the fees would be deducted from your judgment so that you would never have to dig into your own pocket. It might be worth talking to a few lawyers in your area to see what they say.

Good luck!

Re: Need help with defamation claim

You must first send a letter asking him to stop and make the correction. If this fails, then you have to file a law suit.