What are the remedies available in a defamation lawsuit?
In a defamation lawsuit in Florida, a person who has been defamed may be able to receive a legal remedy from the court. Remedies for defamation can include requiring the person who made the false statement to publish a retraction, an injunction to prevent further publication of the false statement, and money damages for any harm that came from the false statement. In order to be awarded money damages, the person who was defamed must show that the defamer was at fault for making the statement either intentionally or through negligence. In some cases, a plaintiff can recover both general and special damages. General damages are not based on a specific figure or amount, and can include any emotional harm and loss of reputation that came from the false statement. Special damages are more concrete and can include any financial losses resulting from the false statement such as lost wages or medical bills. In addition to money damages, a successful defamation lawsuit can result in an injunction, which is a court order that requires the defamer to stop making the false statement or further publishing it. This is usually the case when the false statement is ongoing, such as when the defamer has a website or a magazine with a large readership. The injunction can also require the defamer to issue a retraction of the false statement, so that the plaintiff can regain some of the reputation lost due to the false statement. Ultimately, the remedies available for defamation in Florida should be tailored to the specific facts of the case and the impact the false statement had on the plaintiff. While money damages and an injunction can be key components, the goal of the court when awarding remedies should be to make the plaintiff whole again, as much as possible.
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