How do you calculate damages in a defamation case?
In a defamation case, damages are calculated according to the extent of harm caused to the plaintiff’s reputation or financial state. Damages may be categorized as either compensatory or punitive. Compensatory damages are intended to make the plaintiff “whole” again—in other words, they are designed to compensate the individual for any financial losses or emotional pain experienced as a result of the defamation. Compensatory damages usually involve two kinds of harm: (1) special damages, which are specific economic losses resulting from the defamation, such as lost wages or lost business opportunities; and (2) general damages, which are non-economic losses such as mental anguish or injury to reputation. In Arkansas, damages for special losses are usually easy to quantify and can be awarded in the form of a specific sum of money. General damages, however, can be more difficult to quantify, and courts usually leave it to the jury to assess them. Punitive damages are intended to punish the wrongdoer and prevent them from engaging in similar conduct in the future. Courts will only award punitive damages if the plaintiff can prove that the defendant’s conduct was particularly malicious or willful. In Arkansas, punitive damages are typically awarded in sums of money greater than the amount of compensatory damages, as a way to deter similar behavior in the future.
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