Proving Damages in a Defamation Case

In defamation cases, one of the most challenging elements of the case is proving damages. Every tort case—and defamation is a “tort”—requires the proving of damages. “Damages” are the financial and personal damage done to someone as a result of the defamer’s wrongdoing. This is the legal term that describes how the “Plaintiff” (the one bringing the lawsuit) suffered as a result of the case.

Understanding damages is important whether you’re suing or being sued for defamation.

If you’re suing or being sued for defamation, it’s important to understand the damages calculations available. It impacts the value of settlement of cases and will dictate your strategy in moving the case forward. If you’re wrongly accused of defamation, understanding the “maximum” that a person can claim is important in determining how to defend. And if you’ve been bad-mouthed by someone, knowing what you can get from a jury at the end of the process will inform how you proceed.

Economic damages: the “out of pocket” costs.

In a defamation case, most damages are not economic. They will be reputational, personal and psychological. But the law places an emphasis upon damages that are economic. We often refer to these as “hard damages.” These are the damages that are easy to prove. We can show that you lost income because people believed that you were a dangerous person and would not hire you for their jobs. We can prove that you lost money because you were fired from your job because your boss believed the defamation. We can prove medical costs that resulted from the physical impact of what you suffered.

Non-economic damages

But many defamation cases involve something that is outrageous, and that no one particularly believed. Perhaps someone said a lot of mean things to your friends which got back to you. This may be defamation—but it is going to be difficult to prove damages because, simply put, no one believed it. Alternatively, if anyone did believe it, you may not know about it and cannot prove that they believed the defamatory statements. Furthermore, even if the Plaintiff can prove that someone did believe it, it is hard to tie that belief to anything economic. In this case, the Plaintiff will need to prove the damages to their reputation and the psychological harm that was suffered.

Courts are slow to award money damages for these “soft damages.” Courts prefer things that can be measured, not things that are speculative. You may need to hire an expert witness who can talk about the value of these damages to you (or minimize the value of these damages if you’re the defendant). You might need to find a way to tie those damages to something harder and more financial in nature.

In any case, it is important that you speak with an experienced defamation attorney who can help walk you through your options. This is true whether your case is a defamation case that sounds in slander (spoken defamation) or libel (written defamation). If you have been defamed on Facebook, TikTok, Instagram, or elsewhere on the internet, or if you have been defamed in a more traditional way, contact the attorneys at Cornerstone Law Firm for a consultation on your rights.

Will an expert witness help?

In consulting with an attorney about what type of expert to hire, it is important to consider several factors. One is the cost of hiring the expert and having them help you prove the damages. Typically, your expert costs are not recoverable in a defamation case, so the more money you spend, the less you will recover. Another is to consider your goals. If your goal is to prove that what was said about you was false, it may be worth spending more money even though you cannot recover those fees as a result. And of course, finally, it is important to consider the potential that your damages are larger as proven through an expert than without one. Your damages might be substantial if you can find an expert to back it up and demonstrate it.

Conclusion: Call Cornerstone Law Firm to schedule a consultation.

If you’ve been defamed, or if you’re being accused of defamation, it’s vital to have an experienced attorney on your side to navigate the process. Call our attorneys at Cornerstone Law Firm to schedule a consultation. We’ll be happy to help you walk through your options.