How do you calculate damages in a defamation case?

In a defamation case in California, damages are calculated based on the type of defamatory statement, the extent of the harm caused, and the nature of the person or institution that was wronged. In determining the type of defamatory statement, the court will consider whether the statement was made about a living person or an institution. If it was a living person, the court will also consider how much actual harm was caused to the person’s reputation. For example, was the statement made in a public or private setting? The court will also consider the nature of the person or institution that was wronged. For instance, if the defamed person is a public figure, they may need to prove that the defendant acted with actual malice or a reckless disregard for the truth in making the statement. In some cases, the court may award “presumed damages.” These damages assume the person suffered some harm but are not easily quantifiable. Presumed damages may include emotional distress or harm to the subject’s reputation. Finally, the court may award punitive damages. Punitive damages are intended to punish the wrongdoer and discourage future misconduct by others. Punitive damages are typically awarded in addition to economic losses, such as medical expenses, lost wages, and other costs incurred as a result of the defamation.

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How do you calculate damages in a defamation case?

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