How do you calculate damages in a defamation case?

When someone is looking to calculate damages in a defamation case in Oklahoma, they must be able to prove certain elements. First, the claimant must prove that a false statement was published or spoken about them. This must be a statement that tends to lower the person’s reputation in the eyes of a reasonable person. Second, the claimant must prove that the statement was made without any legal privilege, such as truth or opinion. Finally, the claimant must prove that they suffered actual harm or damage due to the statement. When calculating the damages, courts in Oklahoma look at two types: actual damages and punitive damages. Actual damages are those that can be objectively calculated and determined, such as lost wages due to the defamation, medical expenses due to mental anguish, and other out-of-pocket costs. Punitive damages are more subjective, and typically used to deter future defamation, as well as to punish the wrongdoer. These tend to be calculated based on the defendant’s financial resources and the severity of the defamation. In addition to damages, the court may also award the claimant attorneys’ fees, court costs, and other legal fees. Depending on the severity of the case, the court may also issue an injunction, which is an order to the defendant to stop any further defamation. Ultimately, the court’s decision to award damages or additional remedies will depend on the facts of each case. It is important for anyone looking to recover damages in a defamation case to understand the law and be able to prove the elements required to recover damages.

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How do you calculate damages in a defamation case?

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