Is a plaintiff required to show actual damages in a defamation case?
In California, a plaintiff is not required to show actual damages in order to bring a defamation case. Under California Civil Code Section 48a, a plaintiff may seek to recover general damages even if they cannot provide concrete evidence. These damages are typically given when there has been an injury to the plaintiff’s reputation, character, or good name, but they cannot provide an exact financial figure to show how they were harmed. The court can choose to award an amount that they believe is fair and reasonable, given the circumstances. In addition, California law includes a provision called “presumed damages,” which grants plaintiffs a right to recover some financial compensation even if they cannot prove actual loss. This provision applies when there is evidence that the defendant acted with actual malice or reckless disregard for the truth. In these cases, courts may award the plaintiff between $750 and $3000 in damages, as well as any attorney fees incurred. Ultimately, the requirement to show damages in a defamation case can differ depending on the state, but in California a plaintiff does not have to show actual damages in order to bring a case. Instead, the court can award general or presumed damages, if appropriate.
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