Defamation Damages: Types, Claims and Proof

What is Defamation?

Defamation is any false statement that injures a person, business, or organization’s reputation. It includes both libel and slander. While libel is defamation in written or other graphic forms, slander refers to spoken statements. The law for defamation varies in each state, but in most states, defamation is considered a tort. If someone has been defamed, they can file a lawsuit for damages.

What are Damages in Defamation?

The person who has been defamed may suffer damages in different areas of their lives. The damages can be to their reputation, emotional well-being, and professional life. Loss of employment or business opportunities, affected relationships, being subject to public shame, and suffering from emotional distress are some of the consequences faced after a defamation statement. In a defamation claim, if successful, the plaintiff is entitled to an amount to compensate them for what they suffered.

Does Defamation Damages Include Online Defamation?

Yes, victims of online defamation can file a lawsuit and recover damages. As traditional forms of defamation, the online publication of false statements about someone can cause reputational damage to the victim. Online defamation can reach a large audience in little time and be even more prejudicial to the victim. The compensation they may be entitled to recover depends on the extent of the damages they suffered.

What are the Categories of Defamation Damages?

In a defamation case, a plaintiff can be awarded three types of damages: special, general, and punitive damages.

Actual or Compensatory Damages

Actual damages, also known as compensatory damages, are awarded according to the loss suffered by a party. Courts take into consideration proven harm, loss, and injury a party has been through. Compensatory damages in defamation are divided into general and special damages.

Special Damages

Special damages, or economic damages, have the purpose of putting the plaintiff back to the place it would have been if the defamation situation had never occurred. For special damages to be awardable, they must be specifically claimed and proved. Plaintiffs usually ask for compensation for economic consequences following the dissemination of the defamatory statement. These include lost income, earning capacity, clients, and business opportunities, besides medical and other kinds of expenses.

General Damages

General damages, or non-economic damages, refer to damages that naturally flow from the defamation. These include mental anguish, emotional distress, depression, anxiety, loss of sleep, and public humiliation. However, in some states, general damages are present only in libel cases

Punitive Damages

Unlike the other types of damages, punitive damages have the purpose of punishing the person for their conduct. They are available in cases in which the plaintiff shows that the defendant acted with actual malice.

What are the Two Types of Defamation Claims?

The two types of defamation claims are: defamation per se and defamation per quod.

Defamation per se

Defamation per se statements immediately subject someone to distrust and disgrace. To be considered defamation per se, the statement must (i) impute the commission of a crime; (ii) impute contraction of a loathsome disease; (iii) cause injury to a person’s office, business, profession, or calling; or (iv) impute sexual misconduct.

In these cases, the damages will be presumed. The plaintiff does not have to prove the defendant acted with actual malice, unless they are a public figure.

Defamation per quod

If a defamatory statement does not refer to the four subjects presented above, it is considered defamation per quod. In these cases, the plaintiff will have to present proof of actual damages suffered.

How To Prove Damages in Defamation?

If a case is not about defamation per se, the plaintiff must prove damages. Defamation statutes vary in different states, and the elements to prove damages may vary, but they typically include:

Defamatory Statement

The defendant’s statement has to be defamatory. The statement has to be damaging to the plaintiff’s reputation in order to have a case of defamation. A statement is generally defamatory if it imputes a crime or contraction of a loathsome disease; causes injury to one’s office, business, profession; or imputes sexual misconduct. However, other statements that damage reputation can be analyzed in court and be considered defamatory statements.

Publication

There has to be publication of the defamatory statement. The statement, besides being false, must have been shared with at least one person. The statements can be shared through emails, online posts, newspapers, and even verbally shared.

Falsity

The defamatory statement must be false. The plaintiff is the one who has to prove it is false. If the statement damages the reputation, but is a true statement, the plaintiff does not have a claim for defamation. They must also prove that the defendant made the statement negligently or with actual malice.

Identification

In the defamatory statement, it must be clear that it is talking about the plaintiff. If the plaintiff’s name is not used in the statement, they will need to prove that people who saw the statement could easily understand that it was referring to them.

Harm to reputation

The defamatory statement has to be harmful to the plaintiff’s reputation. This includes being socially avoided, and having their character questioned, which reflects in their personal and professional life.

Causation

The defamatory statement has to be the cause of the harm to the reputation. To prove this, witness testimony from people who know the plaintiff can talk about how their perception of them changed after knowing about the defamatory statements.

Quantifiable damages

The plaintiff can suffer quantifiable damages, such as lost of business, clients, contracts, and job opportunities. Quantifiable damages can also refer to medical expenses from emotional distress.

Non-quantifiable damages

Defamatory statements also result in non-quantifiable damages. These include suffering anxiety, depression, loss of sleep, and not wanting to leave the house and interact with people.

How are Damages Calculated in Defamation Cases?

There is no defined formula for calculating damages in defamation cases. Plaintiffs usually employ expert witnesses to analyze the case and give an opinion. In defamation cases, plaintiffs have received millions of dollars while others receive very little.

Courts analyze quantifiable losses and non-quantifiable harm to calculate damages in defamation cases:

Quantifiable losses and financial impact

Quantifiable losses include:

• Loss of business opportunities
• Damage to professional reputation
• Medical expenses and therapy costs
• Loss of employment or income

Non-quantifiable harm and intangible losses

Intangible losses refer to:

• Emotional distress and mental anguish
• Loss of enjoyment of life
• Damage to personal relationships

What are the Defenses Against Defamation Damages?

The defenses against defamation damages a defendant can argue include:

• stating the statement is true: if the statement is true, the defendant can not be sued for defamation. This is the best defense against a defamation case.
• stating it was an opinion: the statement is an opinion, and not an assertion of fact about the plaintiff
• making a retraction: the defendant takes back the statement and the plaintiff does not suffer damages from it
• being protected by privilege: the defendant can argue that they made the statement while being protected by a privilege, which can be absolute or qualified. Privilege is absolute when someone has the right to make that statement at that time. It is applied in judicial proceedings, to government officials and legislators while they are doing their jobs. Qualified privilege protections include statements made to warn about a danger, and by a former employer to a potential employer.

What is an Example of Mitigation of Damages?

Damages can be mitigated or reduced. Some states allow mitigation of damages if the defendant publishes a retraction. However, for a retraction to mitigate damages, it usually has to be done in writing and before the defendant’s deadline for filing the answer to the lawsuit.

Another example of mitigation of damages is proving the plaintiff already had a bad reputation before the defamatory statement. The plaintiff is only going to be compensated for the harm they suffered after the publication of the defamatory statements. If they already had a bad reputation, they can reduce the damages or even show they didn’t suffer damages at all.

How Much Can I Claim for Defamation of Character?

It depends on every case. The amount of damages will take into account the specific facts of the case and the extent of harm the plaintiff has suffered and is able to prove. Courts also take into consideration the extent of the publication to determine harm. Although it varies in each case, the amount of damages should compensate plaintiffs for the damage to their reputation and restore them to the place they were before being victim of a defamatory statement.

Conclusion

A false statement that injures someone’s reputation can be considered defamation. The victim of these statements suffer damage in their personal and professional lives, and the person who published them will have to compensate them. A plaintiff can be awarded special, general, and punitive damages. Depending on the case, the plaintiff will have to prove damages, checking all the elements required for it. Compensation for damages in defamation varies in each case, from millions of dollars to small amounts.

Frequently Asked Questions

1. What types of damages can I sue for in a defamation lawsuit?

Compensatory damages, which are both special and general, and punitive damages are the damages awarded in defamation cases. Special damages are economic losses, such as lost income and business. General damages refer to non-economic damages, such as emotional distress and public humiliation. Punitive damages refer to the punishment courts can apply to a person for their bad conduct.

2. Does a standard formula exist for determining damages in a case of defamation?

No, there is no set formula for calculating damages. Courts will analyze every case individually, considering both quantifiable and non-quantifiable losses to reach an amount that will fairly compensate the plaintiff.

3. What can be used as proof in proving damages in a defamation case?

Evidence is needed to prove damages in defamation cases, and the plaintiff needs to gather as much proof as can be gathered. Obtaining all of the defamatory posts, comments, and any medical records related to emotional distress can prove and measure damages. Witnesses such as family members, friends, and co-workers can give depositions on how the plaintiff has suffered damages.