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How Much Can Be Gained Monetarily From Suing Someone for Defamation of Character?
By Elizabeth Rayne
-last updated February 26, 2014
When defamation is a spoken statement, it's referred to as slander.
If someone harms your good name or reputation, it could have serious consequences in the business world and beyond. If you can prove that an individual's statements meet the requirements for defamation, you may bring a lawsuit and collect damages. How much you can gain from the lawsuit depends on the facts of your particular case as well as the laws of the state in which you bring the suit.
Defamation of character, also referred to as simply defamation, can take the form of either slander or libel. Slander is where a person makes false, spoken statements that damage a person's reputation. Libel refers to written statements that achieve the same result.
Proving Defamation
To have a case for defamation, you must establish that a statement was published, meaning it was shared with someone other than yourself. Additionally, the statement must be false. True statements and statements that are simply a matter of opinion are not considered defamatory. The statement must be "unprivileged," which generally means you cannot sue someone for something they said while testifying during a trial or in other legally privileged situations. You must also prove that some form of actual injury resulted from the statement, though how precisely you must quantify the injury varies based on state law.
Public Figures
It is more difficult for public figures, such as celebrities or people who hold public office, to bring defamation cases. In addition to the same elements everyone else has to prove for defamation, public figures typically must also establish that there was "actual malice." This means that the statement was made by a person who knew it wasn't true, that the person was reckless with the truth or he didn't care if it was true or not.
Economic Damages
If you can prove defamation, you may be able to collect economic damages. These generally refer to damages on which you can place a specific dollar amount. For example, if you were fired over a defamatory statement, you might be able to sue for lost wages. If the statement was harmful to your mental health, you might also be able to request reimbursement for medical expenses. Plaintiffs often hire expert witnesses to help calculate specific damages amounts, particularly for lost wages, which can be complicated.
Noneconomic Damages
Some states also allow you to collect noneconomic damages that do not have a specific dollar amount or calculation. Requesting compensation for humiliation you suffered or damage to your reputation or standing in the community may fall under this category. General pain and suffering, such as sleep disturbances or mood swings, may also be compensated for with noneconomic damages. Some states limit noneconomic damages to cases where the defamatory statements were about the plaintiff committing a crime, having a communicable disease or statements that hurt the plaintiff in her profession.
Punitive Damages
Some states also allow plaintiffs to collect punitive damages, which do not compensate you for any particular injury but, instead, serve to punish the defendant and ensure that he does not repeat the same behavior in the future. Depending on the state, you may only be able to collect punitive damages if you can prove that the defendant acted with actual malice or actually wanted to hurt you when he made the defamatory statements.
