Defamation damages compensate victims of false information that damages their reputation. Different types of damages can be awarded, including actual damages, personal distress, and punitive damages. Defendants must pay damages, and failure to do so can result in further legal action.
Defamation damages are statutory damages awarded in a defamation case to compensate the victim of the defamation. The damages in these cases can sometimes be quite high and in some regions the issue of damages in libel suits is a matter of debate, as some lawyers believe that juries and judges award excessive damages in some cases. There are different types of defamation damages, and individuals may be entitled to one or more of these types depending on the nature of the case.
In a defamation case, the plaintiff attempts to prove that the defendant has published patently false information with the aim of damaging the plaintiff’s reputation. In a simple example of libel, a real estate agent might claim that a rival was forging information about the condition of the homes he was listing in order to get a larger commission. This would undermine the victim’s reputation, as people would be reluctant to work with her. The findings of the case will go to the public record, and while they cannot dispel the seeds planted in the minds of people who heard the original rumours, they can be used to demonstrably prove the falsehoods of the statements made by the defendant.
One type of libel damages are actual damages, damages awarded to compensate people for documented losses suffered as a result of libel. In the example above, if the victim lost several sales contracts, the actual damages could include commissions the victim lost due to the inability to complete sales. Court fees associated with the lawsuit may also be included, depending on the jurisdiction.
People can also seek defamation damages for what is known as “personal distress”. In defamation cases, people are assumed to feel distress as a result of the damage to their reputation, as being the victim of lies and rumors is generally considered emotionally distressing. Finally, individuals can also seek punitive damages, awarded specifically to punish the defendant in the lawsuit. These damages are designed both to penalize the defendant and to send a warning message to people who consider similar activities that may come with a high price tag.
Once defamation damages have been awarded, the defendant is obligated to pay them, although the court may agree to negotiate a payment plan if it is not possible to cover the damages all at once. In the event that the defendant fails to comply with the court’s injunction to pay damages, it is possible for the plaintiff to take the defendant back to court to sue for default.
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