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In Colorado’s courts, “[a] statement is defamatory of a person if it tends to harm the person’s reputation by lowering the person in the estimation of at least a substantial and respectable minority of the community.” CJI-Civ 22:8. Read my October 6, 2014, blog article titled "How Colorado Courts Define the Word "Defamatory"' to learn more.
If you lose a defamation lawsuit in Colorado, a court will order you to pay the plaintiff's reasonable costs and the damages the judge or jury assessed against you. The damages you could be ordered to pay would compensate the plaintiff for (1) the value of the harm to the plaintiff's reputation, (2) the value of the emotional distress or quality of life damages the plaintiff suffered because of the defamation, and (3) the value of the economic harm (e.g. lost profits, lost income, reasonable costs to repair the reputational damage, incidental costs) the plaintiff suffered because of the defamation. You probably would not be ordered to pay the plaintiff's attorneys' fees.
If someone contacted you and threatened to sue you for defamation, schedule a consultation with a Colorado defamation attorney if you can afford one. The attorney can help you determine whether the person who contacted you has a viable defamation claim. The attorney should explain the defenses you could assert if you were sued and whether those defenses would help you win the lawsuit if one were filed against you. If you have strong defenses, the attorney might inform you it is likely that any defamation lawsuit filed against you would be dismissed via a motion to dismiss and the person who sued you would likely be ordered to pay your costs and attorneys' fees for filing a frivolous lawsuit.
The attorney can also help you determine whether you have an insurance policy, such as a homeowner's policy, renter's policy, general liability policy, or umbrella policy, that will cover your defense costs if you are sued for defamation (defamation includes both libel and slander). If you do not have insurance coverage, your attorney might advise you to purchase an insurance policy that would pay for your defense costs and the damages assessed against you if you are sued for defamation and a court determines you negligently defamed someone and owe them money for the harm you caused. ...
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In Colorado’s courts, “[a] statement is defamatory of a person if it tends to harm the person’s reputation by lowering the person...
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