Is a person required to demonstrate actual harm in order to sue for defamation?
In Oklahoma, a person is not required to demonstrate actual harm before filing a lawsuit for defamation. Defamation is defined as a false statement made about someone that harms their reputation. In Oklahoma, a person only needs to prove that a false statement was made about them, and not that the statement caused any tangible harm. While the plaintiff, or person suing for defamation, does not have to prove actual harm, it is beneficial to their case if they can. This is because Oklahoma’s courts use a concept called special damages when deciding if the defendant is liable. Special damages require a plaintiff to show that the false statement caused them a specific financial or other tangible harm. In some cases, a plaintiff may also be able to sue for general damages. General damages are awarded based on the impact that the false statement had on the plaintiff’s reputation, regardless of whether they can show tangible or financial harm. When filing a lawsuit for defamation in Oklahoma, a person should be aware that the statute of limitations, or time limit, for filing a suit is two years from when the false statement was made. This makes it important to take legal action soon after the false statement was made in order to have a successful case.
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