Is a person required to demonstrate actual harm in order to sue for defamation?

In the state of Florida, a person is not required to demonstrate actual harm in order to sue for defamation. Generally speaking, under Florida law, a person can sue for defamation if their reputation has been damaged by false or malicious statements made by another person. Although damages such as lost wages or emotional distress are available remedies in such cases, the law does not require any harm to have actually occurred in order for a person to bring a claim of defamation. This is known as “general damages,” which is a legal term for presumed or implicit losses that may have been experienced even if those losses are difficult to quantify or document. The specific legal requirements for defamation cases vary from state to state, but generally the plaintiff must be able to demonstrate that the defendant made a false statement to a third party about the plaintiff; this statement caused damage to the plaintiff’s reputation and/or caused harm to the plaintiff; and that the statement was made with malicious intent or with a reckless disregard for the truth. Again, actual harm can be claimed, but it is not required for a successful defamation case.

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Is a person required to demonstrate actual harm in order to sue for defamation?

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