Defamation in Colorado involves making false statements about someone that harm their reputation. In order to be considered defamatory, statements must be false, unprivileged, and made negligently or with harmful intent.
While opinions are typically defended under the First Amendment, if an opinion is presented as a statement of fact, it may be considered actionable as defamation. Courts consider the context in which the statement was made to determine if it’s protected opinion or defamatory.
Depending on the specifics of your case, you may be entitled to both economic and non-economic damages. Economic damages may include financial compensation for any business-related losses resulting from the defamatory statement. Non-economic damages aim to account for harm to your reputation and any associated suffering or distress.
The statute of limitations for defamation claims in Colorado is one year. In other words, once you discover the defamatory statement, you have one year from that date to file a lawsuit. If you have been defamed in Colorado, it is crucial that you act promptly and find a defamation attorney near you as soon as possible.
While retraction or correction may mitigate damages, these actions will not necessarily absolve the defendant of liability. If the original statement caused harm, a plaintiff can still pursue a defamation claim as long as they are within the statute of limitations. Factors such as the timeliness and sincerity of the correction or retraction will be taken into consideration when determining whether the claim still carries weight.
