Defamation Damages Calculator (Libel & Slander)

Defamation damages combine economic loss (lost contracts, jobs, business) with non-economic harm (reputation, emotional distress) and possibly punitive damages. Public figure plaintiffs face the actual-malice bar; private figures need only negligence.

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Defamation Elements

Plaintiff must prove: a false statement of fact (not opinion), published to a third party, identifying the plaintiff, with the required degree of fault (negligence for private figures, actual malice for public). Truth is an absolute defence.

Public vs Private Figure Standard

NYT v Sullivan (1964) established that public figures must prove 'actual malice' — knowledge of falsity or reckless disregard for the truth. Private figures need only show negligence. Limited public figures (vortex doctrine) face actual malice only for matters connected to their public role.

Damage Categories

Special damages (specific provable economic loss), general damages (presumed harm to reputation), and punitive damages (rare, requires malice). Per se defamation (accusations of crime, professional incompetence, loathsome disease, unchastity) allows presumed damages without proof of specific harm.

Source: NYT v Sullivan (376 US 254); Gertz v Robert Welch Inc; Restatement (Second) of Torts §558. Last updated: May 2026.