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

In West Virginia, a person suing for defamation is not required to demonstrate actual harm in order to sue. Instead, the burden of proof lies with the defendant, who must demonstrate that they did not make a defamatory statement. A defamatory statement is one that is false, and which causes harm to a person’s reputation or character. In West Virginia, a plaintiff can recover damages for defamation without having to demonstrate actual harm, such as lost earnings or reputation damage. However, if the plaintiff does not provide any evidence of damage, the defendant’s liability for damages will be limited. To be awarded damages for defamation in West Virginia, the plaintiff must show that the defendant acted with malice or negligence. The standard for demonstrating that the defendant acted with malice or negligence is relatively high – the plaintiff must show that the defendant was aware of the potential to cause harm, and that the defendant continued to make the defamatory statement with disregard for that potential. In short, a person suing for defamation in West Virginia is not required to demonstrate actual harm in order to sue, but they must show that the defendant acted with malice or negligence. If they can demonstrate this, then they may be rewarded with damages.

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

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