Can a plaintiff in a defamation case collect punitive damages?

Yes, a plaintiff in a defamation case in West Virginia can collect punitive damages. Punitive damages are awarded to punish a wrongdoer and deter them from repeating their wrongful acts. The amount of punitive damages awarded to a plaintiff in a West Virginia defamation case depends on the gravity of the defendant’s conduct and the need to discourage similar conduct in the future. To recover punitive damages, a plaintiff must prove the defendant acted with either actual malice or a reckless disregard for the truth. This is a higher standard of proof than what is otherwise required for a defamation claim. Punitive damages are not available if the defendant can prove there was an innocent motive or lack of knowledge or negligence concerning the defamatory communication. Punitive damages are not awarded in every defamation case. In fact, they are usually reserved for cases involving egregious conduct. In West Virginia, the amount of punitive damages awarded to a plaintiff in a defamation case is limited to four times the amount of compensatory damages awarded, as long as that amount does not exceed $500,000.

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Can a plaintiff in a defamation case collect punitive damages?

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