Can You Sue Someone For Slander? Your Legal Options (2025)

What Makes a Statement Slanderous?

Slander is a false statement of fact spoken to someone other than the person it’s about that results in reputational damage for the subject. A harmful statement isn't automatically slanderous just because it upsets or offends you.

Opinions also don’t qualify as slander, nor do true statements, even if they’re damaging. For a statement to be slander, it has to be both false and presented as fact, something that other people could believe and act on.

What Is a Slander Lawsuit?

A slander lawsuit is a type of defamation lawsuit in which the plaintiff seeks compensation for the negative effects of false remarks. It differs from libel, which involves written defamation — slander deals specifically with spoken words.

What Makes a Valid Slander Case?

A slander lawsuit is considered an intentional tort. To have a successful case, you’ll generally need to prove the following:

• The Defendant Made a False Statement: The statement was untrue and presented as fact
• The Information Was Directed to a Third Party: Slander requires an audience, so the statement must have been communicated to at least one other person
• You Suffered Real Harm: This could be in the form of lost income, emotional distress, or a denigrated reputation
• The Statements Weren’t Legally Protected: No legal privilege exists (things said in court or during official proceedings are often exempt from slander claims)
• The Incident Happened Within the Statute of Limitations: Slander lawsuits have a time limit, usually one to three years, depending on the state
• The Defendant Acted With Negligence or Malice: You must show that the defendant made the statement either intentionally or with disregard for its truth

Public figures face an extra hurdle. They must prove "actual malice,” which involves demonstrating that the defendant either knew they were lying or didn't care if they were. This standard comes from the landmark Supreme Court case New York Times Co. v. Sullivan (1964).

Can You Sue Someone for Slander Without Proving Harm?

According to the law, some lies are so damaging that they don't require proof of harm. These falsehoods are classified as “slander per se.” Suing for slander and emotional distress is more straightforward in such cases.

Examples would include:

• False claims about criminal behavior
• Statements that damage professional reputation
• Claims about moral misconduct

With these statements, courts assume that the damage is obvious. When someone falsely claims that you committed a crime or are incompetent at your job, you don't need to show precisely how it hurt you — the harm is implied.

How to File a Slander Lawsuit

If you're wondering how to sue someone for slander, the following steps can help guide you through the legal process:

Determine Whether You Have a Valid Case

You must confirm that the false statements meet the legal criteria for slander and prove that they caused actual harm.

Gather Evidence

You'll need to present writings, audio recordings, witness statements, and documentation of losses that show an emotional impact.

Consult an Attorney

Your attorney will evaluate your case and guide you through the ensuing legal process.

File a Complaint

Your attorney will draft and file a formal complaint with the appropriate court. This document will outline your claims and state what damages you're seeking.

Serve the Defendant

The defendant must be officially notified through proper legal channels, which starts the formal timeline of your slander lawsuit.

Engage in Settlement Negotiations

Most cases enter settlement negotiations at this point. Settling out of court can save everyone involved time, money, and energy.

Go to Trial (if Necessary)

If settlement talks fail, your case will proceed to trial, where a judge or jury will decide the outcome.

Defenses in a Slander Lawsuit

If you file a slander lawsuit, be prepared for possible defenses, which may include:

• Truth: If it's true, it's not slander, no matter how much it may upset you
• Opinion: Pure opinions can't be slander — saying "John is untrustworthy" differs legally from claiming "John stole money"
• Privilege: Legal privilege protects certain situations; statements made in court, for instance, can't typically form the basis of a slander lawsuit
• Consent: If you agreed to the statement being made, you usually can't claim slander later

Understanding these potential defenses will help you decide whether your case is worth pursuing or whether you're better off finding another way to address the harm.

Potential Compensation for Slander

A successful slander lawsuit may allow you to recover the following:

• Economic Damages: You stand to be repaid for lost wages, decreased earning capacity, and other quantifiable financial losses
• Non-Economic Damages: Pain and suffering settlement examples include damages for impacts like mental anguish and loss of enjoyment of life
• Legal Fees and Court Costs: This includes attorney fees, court expenses, and filing costs

The types and amount of compensation available may vary depending on the specifics of your case and state laws.

Get Help Suing for Slander

Slander is more than just words — it can affect your work, relationships, and mental health. While a lawsuit is a serious measure, taking legal action can provide closure and, in some cases, compensation for those suffering from severe reputation or emotional harm.

If you find yourself in this situation, ConsumerShield can match you with an attorney who can evaluate whether a defamation lawsuit is the right move. Contact us today to learn more.