What damages are available for defamation?

Generally, there are three types of damages in a defamation case: (1) actual damages, (2) assumed damages, and (3) punitive damages.

Can a defendant be awarded punitive damages for defamation?

The purpose of punitive damages is not to compensate you as the plaintiff for the defendant’s actions to defame you. Courts may award punitive damages to punish and deter the defendant’s wrongful conduct. Generally a plaintiff must prove actual malice to be awarded punitive damages.

What are the elements of defamation in California?

The elements of a California defamation case. In California, a plaintiff must prove five elements to establish a defamation claim: An intentional publication of a statement of fact; That is false; That is unprivileged; That has a natural tendency to injure or which causes “special damage;” and,

How does defamation per quod work in California?

Defamation per quod cases demand the use of extrinsic evidence or explanatory information to show the libel or slander. As with any personal injury in California, the defendant must have acted with a degree of legal culpability for the plaintiff to be entitled to damages.

Can a defendant be awarded punitive damages in California?

A defendant’s conduct must rise above simple negligence or misconduct. Under California Civil Code 3294, a plaintiff may be awarded punitive damages if there is clear and convincing evidence that the defendant in their case is guilty of: