What kinds of damages can a person recover in a defamation lawsuit?
In Delaware, a person who is the victim of defamation can recover damages in a civil lawsuit. Defamation is an untrue statement made by someone to another person, which damages the reputation of the person who was wronged. In order to be liable for defamation, the person making the statement must have either acted with “actual malice” or acted with negligence. In a defamation lawsuit, the damages may include compensatory damages, which are meant to compensate the victim for any financial losses or emotional distress they’ve suffered as a result of the false statement. Punitive damages may also be awarded when the defendant’s actions were particularly egregious, such as acting with “actual malice” or recklessly disregarding the truth of the statement. These damages are meant to punish the wrongdoer for their actions. Victims of defamation may also be entitled to receive damages for their pain and suffering, as well as a “general damages” award, which is meant to compensate them for the damage to their reputation. Additionally, the court may also award “special damages,” which are damages for specific financial losses the victim may have suffered because of the false statement. Finally, a victim may also be able to recover “restitution,” which is meant to restore the victim to their original state before the defamatory statement was made. This can include recovering money spent in correcting false statements or receiving compensation for lost wages. In some cases, a court may even order the defendant to pay the victim’s legal fees.
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