If you are injured in an accident, you can sue the liable party for damages, which will include different things such as medical bills and loss of earnings (if you can't work while injured). The relation between defamation and financial loss may not be explicit, but it is there all the same. Here are some of the ways in which courts calculate damages in a defamation lawsuit:
Direct Financial Loss
Defamatory statements against you can lead to a direct financial loss. For example, negative statements made against you may influence your boss to demote you or deny you a deserved promotion. Another example is when the defamatory statements cause a business partner to pull out of a contract with your company. Lastly, such negative statements may even cause a potential employer to reject your application. Such forms of financial losses are easy to calculate and should form part of your damages.
Seriousness of the Allegations
The seriousness of the allegations will also influence the damages you can be awarded. Most courts award punitive damages in cases of extremely serious allegations. For example, when a person calls you a pedophile, and you manage to prove that the allegation is false, you may succeed in getting the court to include punitive damages in its judgment. After all, being accused of a sexual crime against children is a serious issue that can easily end your career and your life as you know it. The probability of getting a punitive damage is even higher if you can prove that the defendant acted with malice, for example, if they knew that they were lying by making the statement.
Previous Judgments on Similar Cases
Just like other injury cases, the sizes of awards in similar judgments may also influence how much the court awards you if you win your case. Even your injury lawyer will research case precedents when deciding how much to demand from the guilty party.
Lastly, expect the defendant's mitigative actions (if there are any) to reduce the size of your award. For example, a defendant who retracted their story after making false allegations against you may succeed in reducing the award. This is especially possible if the defendant can prove that they made an honest mistake when making the defamatory statement.
As you can see from the above factors, you don't have to settle for a pittance if a person makes defamatory accusations against you. Hand over your case to an experienced injury attorney to calculate the actual worth of your defamatory case and handle your case.
Reach out to professionals like Fessenden Laumer & DeAngelo, PLLC to learn more.Share