How do you calculate damages in a defamation case?
Damages in a defamation case are calculated based on the damages caused by the offending statements. In Washington, there are two types of damages when it comes to defamation—actual damages and presumed damages. Actual damages refer to the monetary loss stemming from the offending statements—such as lost wages, payment of medical bills, or other losses. Presumed damages are different in that they are non-monetary losses, such as harm to your reputation or humiliation from the defamatory statement. The amount of damages awarded in a defamation case will depend on the situation. If actual damages can be proven, the amount of damages awarded often depends on the circumstances that led to the need for recompense. For example, a court might award higher damages if a person lost their job due to a defamatory statement. Presumed damages might be awarded to a plaintiff even if actual damages are difficult to prove, as it is assumed that the nature of the statement caused injury. In some states, such as Washington, if a plaintiff can prove that the defamatory statement was published with malice, they may be awarded additional damages. Ultimately, the amount of damages awarded in a defamation case will depend on the particular circumstances and the facts of the case. It is important to consider all the possible damages that may be caused by a defamatory statement before filing a claim.
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