Q: How hard is it to win a defamation case against a person. The statements made she knew were false and hurt my reputation
My mother in law filed a petition for custody of my husbands children stating I was a drug addict and referred to me as a concubine. She states I'm an unsafe individual all in which she knows is false. She ruined my reputation and caused my husband and I serious emotional turmoil even still. She caused him to be fired from his job he lost his home due to her kicking him out she took his truck from him and he had to give his children to their mother because he was homeless. I was sued for custody of my youngest son because of her accusations and false statements. I have drug tests from my doctor going back 3 years all negative drug tests except my suboxone which I'm prescribed she knew this and still labeled me in front of a court of law including a judicial official and her lawyer I can now never seek counsel from due to embarrassment and conflict of interest. There are jobs that will not hire me because of her clajms.
A:
It sounds like you may have a potential case for defamation, interference with employment, and possibly other civil claims. In a situation like this, several factors could play into whether you have a viable legal claim. Here’s an overview of what you’d need to consider:
Defamation: To prove defamation, you'd need to establish that:
The statements made by your mother-in-law were false,
She made these statements with some level of fault (like actual malice or negligence), and
The statements were communicated to a third party, causing harm to your reputation.
From what you’ve shared, it seems like she may have made damaging statements about you in court filings, which can sometimes complicate defamation claims if the statements were made in certain legal contexts. However, if she made statements outside of court or if you can demonstrate malicious intent and falsehood, that might strengthen your case.
Emotional Distress: The severe emotional impact on you and your husband may open the door to a claim for intentional infliction of emotional distress, especially if her actions were particularly extreme and outrageous.
Interference with Employment: If you can show that she intentionally caused your husband’s termination or impacted your job opportunities with false claims, you may have a claim for tortious interference with contractual relations or prospective economic advantage.
Proof of Harm: It’s excellent that you have medical records showing clean drug tests, which will help to counter her accusations. Other documentation (such as letters from employers stating the reason for a job denial or information about the job loss) would strengthen your case.
Counsel and Conflict of Interest: It’s understandable that you feel uneasy seeking help from certain lawyers, but keep in mind that many attorneys are experienced in handling sensitive situations and conflicts of interest. It’s crucial to work with an attorney who can guide you through the process without bias.
Since this situation involves many complex elements, you would benefit from consulting an attorney experienced in defamation and related claims to explore these avenues in detail. They can help you evaluate the legal standards and evidence needed to pursue a claim.
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