What are the elements of a defamation claim?

In Virginia, a successful defamation claim requires a plaintiff to prove four elements. First, the plaintiff must show that the defendant made a false and defamatory statement of fact to a third party. A statement of fact is an assertion that can be proven to be either true or false, while a defamatory statement is one that tends to injure the plaintiff’s reputation by lowering the estimation of the plaintiff in the eyes of a reasonable person. Second, the plaintiff must show that the defendant was at fault in making the statement. This can be demonstrated by showing that the defendant acted negligently or intentionally. Third, the plaintiff must show that the defamatory statement was published, i.e. communicated to a third party. This third party can be a person, or it can be a group of people, such as an online forum or newspaper’s readership. Fourth and finally, the plaintiff must show that he or she suffered actual damage due to the defamatory statement. In some cases, this can be as simple as showing that the plaintiff was subject to humiliation or embarrassment by the statement. In other cases, the plaintiff can show that he or she suffered economic losses due to the statement, such as the loss of a job or business opportunities. By demonstrating all four of these elements, a plaintiff in Virginia can bring a successful defamation claim and be compensated for any damages sustained due to the false, defamatory statement made by the defendant.

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