Is a plaintiff required to show actual damages in a defamation case?

In Texas, a plaintiff is generally not required to show actual damages in a defamation case. This is because defamation law in Texas recognizes a form of damage known as ‘presumed damages’. This type of damage is designed to compensate a plaintiff for any hurt feelings, reputation damage, or emotional distress caused by the defendant’s actions. In order for a plaintiff to receive presumed damages, they must first prove that the defendant made a false statement about them that would cause harm to their reputation. If the plaintiff can do this, the court will presume damages without the plaintiff having to put forward evidence of their actual harm. This distinction of presumed damages has been upheld by the Texas Supreme Court. Presumed damages are not the only type of damages in Texas defamation cases, however. Plaintiffs can also pursue actual damages, which are designed to compensate for any financial losses caused by the false statement. This could include losses caused by lost business opportunities, lost wages, or other tangible costs. In this case, the plaintiff must provide proof of their financial losses in order to receive damages. Overall, a plaintiff is not required to show actual damages in a defamation case in Texas in order to receive compensation. They can instead pursue presumed damages to make up for their hurt feelings, reputation damage, and emotional distress. They still have the option of pursuing actual damages as well as long as they can provide proof of their losses.

Is a plaintiff required to show actual damages in a defamation case?

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