What kind of proof is required to win a defamation lawsuit?

In West Virginia, the burden of proof necessary to win a defamation lawsuit is based on the type of statement in question. If the statement being discussed is a statement of fact, the plaintiff must prove that the statement was false. If the statement is an expression of opinion, the plaintiff must prove that the statement was made with actual malice or with reckless disregard for the truth. Actual malice means that the speaker knew the statement was false or they spoke with a reckless disregard for the truth. This is a higher standard of proof than simple negligence or errors of fact. In addition to proving the statement was false, or was made with actual malice, the plaintiff must also prove that the statement harmed their reputation in some way. This is usually shown through evidence of economic losses, such as lost business opportunities or other tangible losses. Alternatively, if the statement caused emotional distress, this may also be used as evidence of harm. Finally, the plaintiff must show that the defendant was at least partially responsible for the harm that the statement caused. This typically requires proof that the defendant was negligent in the way they made the statement, such as by not taking reasonable steps to verify the truthfulness of the statement before they made it. If the defendant can prove that they acted with due care, they may be able to successfully defend against a defamation lawsuit.

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What kind of proof is required to win a defamation lawsuit?

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