Is there a limit to the amount of punitive damages a person can receive in a defamation suit?
Yes, in West Virginia, there is a limit to the amount of punitive damages a person can receive in a defamation suit. In West Virginia, punitive damages are capped at $500,000 per case. In addition, punitive damages should not comprise a majority of the damages awarded in a defamation case. The courts in West Virginia have held that punitive damages should be awarded only when the plaintiff has suffered "actual malice" in the form of "malicious, willful, wanton, oppressive or outrageous misconduct." Punitive damages are not available for every kind of defamation. According to West Virginia law, punitive damages are only available for the intentional tort of defamation and not for the negligent publication of false statements. This means that the person who made the defamatory statement must have acted with the intention to harm the person or entity who was allegedly defamed. Furthermore, punitive damages will not be awarded if the plaintiff has not shown actual, significant damages. Punitive damages are meant to punish the wrongdoer and serve as a deterrence for future wrongful conduct. Therefore, the wrongdoer must have demonstrated a pattern of wrong-doing in order for punitive damages to be appropriate. In summary, punitive damages can be awarded in a defamation case in West Virginia, but the amount should not exceed $500,000 and the plaintiff must show actual malice and significant damages. Furthermore, the award should not constitute a majority of the damages awarded.
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