How Much Can I Claim For Defamation of Character?

If you’re reading this, you may have experienced the painful impact of a tarnished reputation. False statements can wreak havoc on your livelihood, relationships, and emotional well-being. As a defamation attorney with over 14 years of experience litigating defamation cases, I’ve helped hundreds of people like you fight back and recover the compensation they deserve.

In this article, I’ll explain how much you can realistically expect to claim in a defamation lawsuit. We’ll cover the types of damages available, factors that influence compensation amounts, and what you need to prove to win your case. By the end, you’ll have a clear roadmap for pursuing justice, damages, and rebuilding your good name.

Here are the key takeaways:

1. The laws and caps on defamation damages can differ significantly between states, so it’s crucial to consult with a legal professional familiar with the specific regulations in your jurisdiction.
2. Truth serves as a complete defense against defamation claims. If the defendant can demonstrate that their statement was truthful, they cannot be held liable for defamation, irrespective of the harm caused.
3. To prevail in a defamation lawsuit, plaintiffs typically must provide evidence of tangible harm resulting from the defamatory statement. This may include loss of employment, damage to business prospects, emotional distress, or public shame and embarrassment.
4. In certain situations, plaintiffs may also have the right to pursue punitive damages. To be eligible for this type of compensation, the plaintiff must show that the defendant acted with extreme negligence or malicious intent.
5. The amount a plaintiff can seek in a defamation lawsuit is not predetermined. Instead, it varies based on the extent of the damage inflicted, such as harm to reputation, psychological suffering, and economic losses.

While the amount of compensation in a defamation lawsuit can vary based on several factors, it’s also essential to understand the different types of damages that may be available. Let’s take a closer look at the three main categories of damages in defamation cases and the factors that can influence the amount awarded.

What Types of Damages Can Be Claimed In a Defamation Lawsuit?

In a successful defamation lawsuit, plaintiffs can recover three main types of damages:

1. Special damages: Designed to compensate for specific monetary losses resulting from the defamatory statement, such as lost income, lost business opportunities, and expenses incurred to mitigate the reputational harm. These damages must be proven and quantified.
2. General damages: Intended to compensate for more subjective, non-monetary harm like mental anguish, humiliation, and damage to reputation. There is no fixed standard for calculating these damages, so amounts vary based on the facts of each case.
3. Punitive damages: Reserved for cases where the defendant acted with actual malice or reckless disregard for the truth. These damages aim to punish the defendant and deter similar conduct.

Several factors influence the amount of damages awarded, including:

• The severity and offensiveness of the false statement
• How widely the statement was published
• The plaintiff’s standing in the community
• Actual monetary losses directly caused by the defamation
• Evidence of mental anguish or emotional distress
• Whether the defendant deliberately lied or acted recklessly
• If the defendant refused to retract or apologize for the statement

What Are Some Real Examples of Defamation Compensation Amounts?

McDonald’s vs. Steel & Morris

In the 1997 “McLibel” case, Helen Steel and David Morris distributed leaflets attacking McDonald’s business practices. Although McDonald’s won over $60,000 in damages, the nearly 10-year-long case cost the fast-food giant significantly more in legal fees and costs.

Alex Jones vs. Sandy Hook Families

Conspiracy theorist Alex Jones was ordered to pay approximately $1.5 billion to the families of Sandy Hook school shooting victims after spreading lies and misinformation about the event on his website, InfoWars. The case sent a strong message about the consequences of Jones’ political style.

Johnny Depp vs. Amber Heard

In a high-profile 2022 case, Johnny Depp was awarded $10 million in his defamation suit against ex-wife Amber Heard, who received $2 million herself. The case sparked debates about potential domestic abuse and the impact on both parties’ reputations.

Gibson’s Bakery vs. Oberlin College

Gibson’s Bakery was awarded $44.4 million (later reduced to $25 million due to a state cap on punitive damages) for libel perpetrated by Oberlin College after allegations of racial profiling and excessive force by the bakery’s employees. In 2022, Oberlin College paid Gibson’s Bakery $36.59 million, including interest.

As these examples show, defamation compensation can vary significantly based on the unique circumstances of each case. Severe, malicious defamation that causes extensive financial and reputational harm generally results in higher awards. More minor cases with limited distribution or harm may settle for more modest amounts. An experienced defamation attorney can assess the strengths and value of your particular case.

How Do I Determine What My Defamation Case is Worth?

Estimating the value of your defamation case requires a thorough evaluation of the facts and evidence. The actual amount you recover will depend on several key factors. Here are the steps to help you assess the potential compensation amount of your case:

Step 1: Evaluate the Strength of Your Claim

• Is the statement clearly false?
• Can you prove the statement was published or communicated to others?
• Is there evidence the defendant acted negligently or with malice?
• Are there any strong defenses that could defeat your claim?

The more compelling your evidence on each element of defamation, the stronger your case and the higher your potential recovery.

Step 2: Calculate Your Economic Losses (Special Damages)

• Did the defamation cause you to lose your job, business, or income?
• Can you document specific financial opportunities you missed out on?
• Did you have to pay for medical treatment or counseling?
• Did you incur expenses trying to repair your reputation?

Gather all relevant records, receipts, and expert testimony to substantiate your monetary losses.

Step 3: Assess Your Non-Economic Harm (General Damages)

• How badly was your reputation harmed in your community?
• Did you experience severe emotional distress, humiliation, or mental anguish?
• Were your personal and professional relationships damaged?
• How widely was the defamatory statement spread?

The more severe and far-reaching the impact on your life, the higher your potential recovery for general damages.

Step 4: Determine if Punitive Damages May Be Available

Punitive damages may be awarded in cases where the defendant’s conduct was especially malicious, reckless, or harmful. Consider:

• Did the defendant knowingly lie or act with a blatant disregard for the truth?
• Was the defamation part of a larger pattern of harassment or abuse?
• Is there a strong societal interest in deterring this kind of misconduct?

If your case involves egregious conduct, punitive damages could significantly increase your overall recovery.

Step 5: Consult With an Experienced Defamation Lawyer

While this framework can help you understand the factors that influence the value of your case, there’s no substitute for personalized legal guidance. Defamation cases are highly fact-specific, and many nuances can affect the outcome.

The best way to get an accurate assessment of your case’s worth is to consult with a knowledgeable defamation attorney.

What Do You Have to Prove to Win a Defamation Claim?

To succeed in a defamation lawsuit and obtain damages, you must establish the following essential elements:

1. The statement was false: Defamation only applies to false statements presented as fact. True statements, opinions, and satirical remarks are generally not considered defamatory.
2. The statement was defamatory: The false statement must have harmed your reputation or exposed you to hatred, contempt, or ridicule. Minor insults or unflattering truths typically don’t meet this standard.
3. The statement clearly referred to you: The false statement must have been about you, either explicitly or by clear implication. Third parties hearing or reading the statement must be able to identify you as the subject.
4. The statement was published: The false statement must have been communicated to at least one other person besides you. A statement made only to you in private, with no one else aware of it, is not considered defamatory.
5. The defendant acted negligently or maliciously: If you are a private figure, you must prove the defendant was at least negligent in making the false statement, meaning they failed to exercise reasonable care to verify its accuracy. Public figures must meet a higher standard of proving “actual malice,” meaning the defendant knew the statement was false or acted with reckless disregard for the truth.
6. The statement caused you actual harm: You must have suffered real damage as a result of the defamatory statement, such as financial losses, emotional distress, or reputational harm. In some cases, the false statement may be considered “defamation per se,” meaning harm is presumed without requiring specific proof. This typically applies to statements falsely accusing you of a crime, having a loathsome disease, engaging in sexual misconduct, or lacking integrity in your profession.

Challenges in Proving a Defamation Claim

Defamation lawsuits can be complex and challenging to navigate. While the damages suffered from defamation can be substantial, plaintiffs often face significant hurdles in proving their claims and recovering compensation. Here are some of the key challenges to consider:

Overcoming Common Defenses

Defendants in defamation cases often raise various defenses, such as truth, opinion, or privilege. Plaintiffs have the burden of disproving these defenses, which can be a significant challenge. For example, if the defendant claims the statement was true, the plaintiff must prove it was false.

Meeting the Actual Malice Standard for Public Figures

If the plaintiff is a public figure, they face an even higher burden of proof. In these cases, the plaintiff must show that the defendant acted with “actual malice” – meaning they knew the statement was false or acted with reckless disregard for its truth. This is a very high standard that can be difficult to meet.

Navigating Anti-SLAPP Laws

Many states have enacted Anti-SLAPP (Strategic Lawsuits Against Public Participation) laws to discourage frivolous defamation suits that aim to silence critics. Under these laws, defendants can file a special motion to dismiss the case early on. The plaintiff then has to prove their case has merit before the lawsuit can proceed. This adds an extra hurdle for plaintiffs and can result in early dismissal of weak cases.

Overcoming Section 230

Immunity for Online Platforms If the defamatory statement was posted on a website or social media platform, the plaintiff may face challenges in holding the platform liable. Under Section 230 of the Communications Decency Act, online platforms are often shielded from liability for user-generated content, even if it is defamatory. There are some exceptions, but this immunity can make it difficult to pursue claims against the platforms where the content was posted.

Avoiding the Streisand Effect

In some cases, filing a defamation lawsuit can backfire by drawing more attention to the false statements. This phenomenon is known as the “Streisand Effect,” named after Barbra Streisand’s attempt to suppress photos of her home that ended up generating more publicity. Plaintiffs should carefully weigh the risks of further publicizing the defamatory statements before deciding to sue.

While these challenges can be daunting, they are not insurmountable. Working with an experienced defamation attorney can help plaintiffs navigate these hurdles and build a strong case.

Get the Legal Help You Need to Win Your Defamation Case

If you’re considering filing a defamation lawsuit, it’s crucial to have an experienced defamation attorney by your side. Defamation law is complex, and navigating the legal system without guidance can be overwhelming and potentially damaging to your case.

At Minc Law, we focus exclusively on helping individuals and businesses fight back against false and malicious statements. Our team of skilled defamation lawyers has a proven track record of success, recovering millions of dollars in compensation for our clients. We understand the devastating impact that defamation can have on your life and are committed to aggressively advocating for your rights.

When you work with us, you can expect:

• A free, confidential case evaluation to discuss your situation and legal options
• A thorough investigation into the false statements and their impact on your reputation
• Skilled negotiation with the other side to obtain a retraction, apology or favorable settlement
• Aggressive litigation in court if necessary to hold the defamer accountable
• Personalized attention and regular updates throughout the process
• A tireless pursuit of the maximum compensation possible for your economic and non-economic damages

If you’re ready to take the first step toward justice, we’re here to help. Contact Minc Law today to learn how we can help you win your defamation case and get the compensation you deserve. Together, we can fight back against defamation and protect your reputation for years to come.

Frequently Asked Questions About Defamation Lawsuits

What is the Difference Between Libel and Slander?

Libel refers to written or published defamatory statements, while slander refers to spoken defamatory statements.

Can I Sue for Defamation if the Statement Was Made Anonymously?

Yes, you can sue for defamation even if the statement was made anonymously. However, you may need to take additional legal steps to identify the anonymous poster, such as filing a “John Doe” lawsuit and subpoenaing records from the website or internet service provider.

Can I Sue for Defamation if the Statement Was Made in a Private Email or Text Message?

Yes, defamation can occur in private communications like emails or text messages if the false statement is shared with at least one other person besides the plaintiff. However, these cases can be more difficult to prove, as there may be limited evidence or witnesses to the communication.

How Long Do I Have to File a Defamation Lawsuit?

The deadline to file a defamation lawsuit, known as the statute of limitations, varies by state. In most states, the statute of limitations is between one and three years from the date of publication. However, some states have shorter or longer deadlines, so it’s important to consult with an attorney as soon as possible.