Can a plaintiff in a defamation case collect punitive damages?

In Virginia, punitive damages are available to a plaintiff in a defamation case if the plaintiff can demonstrate that the defendant acted with actual malice. Actual malice is defined as a deliberate intent to cause harm and/or recklessness in the publication of false or damaging information about someone that is published with reckless disregard for the truth. The Virginia Supreme Court has ruled that punitive damages may be recovered in defamation cases only where the defendant has acted with actual malice. In addition, under Virginia law, punitive damages are not available to a plaintiff if the defendant is a newspaper or other media outlet. In a defamation case, the plaintiff must prove actual malice to be awarded punitive damages. They must present evidence that shows that the defendant acted with a conscious disregard for the truth when publishing false or damaging information about the plaintiff. This can be established by showing that the defendant was aware of the falsity of the statements that were made. The purpose of punitive damages is to punish the defendant for their wrongful acts and to deter others from engaging in similar conduct. In Virginia, if a plaintiff in a defamation case establishes that the defendant acted with actual malice, they can collect punitive damages in addition to compensatory damages.

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