Indiana personal injury lawyer discusses Hulk Hogan's defamation suit against his ex-wife.
The Hulkster recently filed a defamation suit against his ex-wife in Florida. According to the Claims Journal, Hogan's suit alleges that his ex-wife defamed him in her new book by writing that he abused her and had homosexual encounters. Hogan also alleged that these claims have injured his reputation and he is asking for an injunction to stop his ex-wife's comments and a jury trial.
Defamation is a false communication that causes a person harm. In Indiana, in order to be successful in a defamation claim, the injured person must show a communication with: (1) defamatory imputation; (2) malice; (3) publication; and (4) damages. Defamatory communications are those which tend to harm a person's reputation by lowering the person in the community's estimation or deterring third persons from dealing or associating with the person.
Certain communications are considered defamatory by their nature. These include: (1) criminal conduct; (2) a loathsome disease; (3) misconduct in a person's trade, profession, office or occupation; or (4) sexual misconduct. For instance, if a person were to publish that the injured person was a felon or had AIDS or was a homosexual and these statements are not TRUE, damages are presumed.
In Hulk's case it is going to be a little different because the information comes from a marriage. How does Hulk prove that he did not abuse his ex-wife or have a homosexual encounter? Sometimes it is difficult to prove a negative.
We receive a number of calls from people trying to pursue defamation claims. As a general rule, defamation claims are very difficult to prove. If you have been injured in Northwest Indiana, call our Michigan City personal injury lawyers at (219) 874-4878 or fill out the internet consultation form on the right.