Can a plaintiff in a defamation case collect punitive damages?

Defamation is a legal concept that involves the false communication of a statement about another person or business that causes the person or business harm. In New Hampshire, a plaintiff in a defamation case may be entitled to collect punitive damages in certain instances. Punitive damages are awarded to punish and deter wrongdoers by making them pay an amount above and beyond what is necessary to compensate the plaintiff for their harm. The New Hampshire Supreme Court has ruled that punitive damages may be collectible in defamation cases where it can be shown that the defendant acted with actual malice or a reckless disregard for the truth. Actual malice refers to a malicious intent to harm the plaintiff, while reckless disregard involves a conscious disregard of any duty to discover the truth. A plaintiff in a defamation case may also be entitled to collect punitive damages if they can show that the defendant acted with a high degree of negligence. Negligence occurs when the defendant acted carelessly and without using the reasonable degree of care that a reasonable person would use in a similar situation. In order to collect punitive damages, a plaintiff must prove that the defendant’s conduct was so outrageous and extreme that an award of punitive damages is justified. It is ultimately up to the court to decide whether or not a plaintiff is entitled to collect punitive damages.

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