You often hear about defamation cases in the news—Johnny Depp’s defamation lawsuit against his ex-wife Amber Heard was extensively covered in 2022. Or sometimes you hear about someone suing a former employer for defamation over a negative reference or performance evaluation.
If someone is spreading lies about you, you might have a defamation claim. Defamation happens when someone makes a false statement about you that harms your reputation. Written defamation is called “libel.” Spoken defamation is called “slander.”
Here’s what you need to know if you’re thinking about filing a defamation lawsuit:
- Defamation is a type of personal injury.
- The value of your defamation case is based on your individual circumstances. If you win your defamation case, you could get millions of dollars or as little as $1.
- You can typically get compensation for financial losses and emotional distress in a defamation case.
- You might be able to get punitive damages—an award designed to punish misconduct—in some cases.
- Talk to a lawyer about whether you have what it takes to prove defamation in your case and whether it’s worthwhile to file a lawsuit.
How to Prove Defamation
A plaintiff suing for defamation typically must show that the defendant:
- made a false statement of fact about the plaintiff
- the statement was made to a third party (someone other than the plaintiff)
- the statement harmed the plaintiff’s reputation, and
- the defendant was careless (negligent) about whether the statement was true or false.
Defamation claims are hard to prove. People accused of defamation can often defend themselves by claiming that the statements were true or that they were just stating an opinion and not a fact.
How Much Is Your Defamation Case Worth?
No two defamation cases are exactly the same, so it’s impossible to say what an average defamation case is worth. Here are a few examples of defamation awards in actual cases:
- In 2022, a Texas jury awarded the parents of Sandy Hook victims nearly $50 million in a defamation case against conspiracy theorist Alex Jones. A few months later, a Connecticut jury ordered Jones to pay nearly $1 billion in damages to the families of eight Sandy Hook victims and an F.B.I. agent who responded to the scene.
- In 2022, Johnny Depp’s defamation trial against his ex-wife, Amber Heard, ended with a $10.35 million verdict in his favor. Heard filed an appeal, citing "errors" made by the court, but eventually agreed to pay Depp $1 million and drop the appeal.
- In 2020, a fired employee successfully sued his former employer for defamation after the employer sent two emails to 300-400 employees saying the fired employee was no longer with the company and implying that the company was investigating him for embezzlement. A jury awarded the fired employee $4.9 million. (Jordan v. Wonderful Citrus Packing LLC, CASE NO. 1:18-CV-00401-AWI-SAB (E.D. Cal. 2020).)
- In 2017, a martial arts instructor sued a social media user for defamation arising from the user’s creation of a social media group that accused the instructor of sexually abusing children. A district court judge found that the instructor was entitled to $443,000 in total damages. (Hawbecker v. Hall, 276 F.Supp.3d 681 (W.D. Tex. 2017).)
- In 2017, Paul Lagassey sued Philippe Roy for defamation after Roy posted a photo of him on the website ripoffreport.com and accused him of criminal conduct. A jury awarded Lagassey $200. (Lagassey v. Roy, WL 2060860 (S.D.Fla. 2017).)
As you can see from even this small sample of cases, defamation awards vary widely. The best way to get an accurate sense of how much your defamation claim might be worth is to talk to a lawyer. The value of your defamation case will depend on your damages.
Damages in Defamation Cases
In a personal injury lawsuit, "damages" means the money awarded to one party based on injury or loss caused by the other. Whether you reach a settlement or win your case after a jury trial, the money you receive is compensation for your damages.
Let's take a look at common categories of damages in defamation cases:
- presumed damages
- special damages
- general mental anguish damages
- nominal damages, and
- punitive damages.
Presumed Damages
Some categories of false statements—called libel per se or slander per se—are so obviously harmful that courts allow plaintiffs to recover damages for injury to reputation without proof of actual harm (called “presumed damages”).
Examples of defamation per se include statements that falsely claim that someone:
- committed a crime
- lacks professional skills or ethics
- has a contagious infection (often a sexually transmitted infection), or
- engaged in sexual misconduct (like an extramarital affair).
Judges and juries have not set formula for calculating presumed damages. Under California law, for example, in defamation per se cases, jurors are instructed to award “whatever sum you believe is reasonable.” (California Civil Jury Instructions (CACI), 1704 (2022).)
Special Damages
One of the most common types of injuries or losses in a defamation case is harm to a plaintiff’s business or profession. For example, you might get fired or lose customers as a result of false statements someone makes about you on social media.
Special damages (also called “economic damages”) compensate plaintiffs for these types of economic losses, including:
- lost income (past and future)
- diminished earning capacity
- lost business opportunities
- lost employment benefits, and
- out-of-pocket expenses for things like medical bills for therapy and online content removal.
In some cases, calculating special damages is pretty easy. For example, if earn $75,000 per year and you were out of work for a year because you were defamed, you lost your annual salary and the value of your employee benefits for that year.
Other cases, involving lost business opportunities or diminished earning capacity, are more complicated and will likely require an expert witness to calculate and prove.
General Damages
General damages (also called “non-economic damages”) are designed to compensate plaintiffs for “pain and suffering” caused by defamation, including shame, mortification, hurt feelings, humiliation, anxiety, and distress.
General damages aren’t available in all defamation cases. In some states, general damages are allowed in libel (written defamation) cases, but not slander (verbal defamation) cases. In other states, general damages are allowed in some slander cases, but not in others.
When they are allowed, general damages are often harder to measure and prove than special damages. If you can document physical manifestations of stress, like stomach ulcers or severe insomnia, you will boost your potential for recovering these damages.
Punitive Damages
Special and general damages are meant to reimburse and compensate plaintiffs for their defamation-related losses. Punitive damages are different—punitive damages are meant to punish defendants for egregious behavior and deter others from engaging in similar conduct.
Punitive damages are only available in some defamation cases. Plaintiffs typically have to show that the defendant acted with actual malice or fraud to recover punitive damages. Some states limit or cap punitive damages.
Nominal Damages
Nominal damages are damage awards of a very low amount, typically $1. They are awarded when a plaintiff has proven defamation but hasn’t suffered actual harm. They are a moral victory for plaintiffs and might help restore their reputations, if not their bank accounts.
Nominal damages are common in cases involving defamatory statements that were trivial or unimportant. They might also be awarded to a plaintiff who was defamed but already had a bad reputation.
Requesting a Retraction
A growing number of states require defamation plaintiffs to request a retraction before they can recover certain types of damages. Retraction laws vary from state to state.
Most states with retraction laws require plaintiffs to request a retraction of a defamatory statement within a reasonable time before they can file a lawsuit. A full retraction typically prevents plaintiffs from recovering punitive damages and is often enough to satisfy a potential defamation plaintiff.
For example, in the summer of 2022, an agent for a professional baseball player sued a sports radio host after the host said the agent didn’t inform the player about an offer from another team. Shortly after the defamation lawsuit was filed, the radio host issued a statement admitting that he got the story wrong and apologized to the agent. The agent dropped the defamation lawsuit in the wake of the radio host’s retraction.
Mitigating Damages
Plaintiffs are required to mitigate their damages. In other words, you have to take reasonable steps to keep losses to a minimum after you’ve been defamed. For example, if you lose your job over lies a colleague told about you and you’re offered another job, you have to take it or risk having your special damages reduced by the amount you would have earned had you accepted the job.
You should also take reasonable steps to prevent false statements from spreading. If the statement is published, ask for a retraction. If the statement is posted online, ask for the post to be removed. You can ask for compensation for your efforts to protect your reputation in your defamation lawsuit.
Is It Worth Suing for Defamation?
Defamation lawsuits are complex and risky. Even if you prove that you’ve been defamed, you may only receive nominal damages. Imagine winning a lawsuit and having the jury award you $1. On the other hand, winning a defamation lawsuit is one of the best ways to restore your good name.
If you can show that you’ve suffered significant financial harm because someone is saying things that aren’t true about you, you should talk to a lawyer. Only you can decide if you’re willing to pay the price–emotional and financial–of pursuing a defamation lawsuit. But a lawyer can answer your questions and give you a realistic assessment of your case, including how much your claim might be worth and whether your case will settle.
Talk to a Defamation Lawyer
If you think you’ve been the victim of libel or slander, talk to a lawyer. You have a right to protect your reputation and receive compensation for your losses. A lawyer can tell you about the defamation laws in your state, help you ask for a retraction if necessary, and fight for you in court.
Take a step-by-step look at a typical defamation case and learn more about choosing a good lawyer. You can also connect with a lawyer directly from this page for free.