How do you prove damages in a defamation case?
In a defamation case in Texas, a plaintiff must prove that the defendant made a false statement, knew it was false or was reckless about its truthfulness, and that the statement harmed the plaintiff’s reputation. The plaintiff must also prove that they were damaged as a result. To prove damages, the plaintiff may have to show financial losses, such as lost wages or lost business opportunities, or non-economic losses, such as humiliation or emotional distress. Financial losses are easier to prove because they can be quantified and backed up by records such as tax records, bank statements, or pay stubs. To calculate the dollar amount of financial losses, the plaintiff can subtract their actual earnings from the amount they would have earned if not for the false statement. Non-economic losses are more difficult to prove because they are not tangible and cannot be quantified with any certainty. To show these types of damages, the plaintiff must testify about the emotional distress they experienced due to the false statement and any other personal losses they suffered. The testimony of family members, friends, and other witnesses can also serve to attest to the emotional distress and other losses suffered by the plaintiff in a defamation case.
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