How Much Is an Online Defamation Case Worth?

If you’ve been the victim of defamation, you may be able to file a lawsuit to seek monetary damages. These can compensate you for various personal and financial losses you experience. The value of these damages will depend on the unique facts of your case, so consult a dedicated internet libel attorney.

Posting false information about someone online in a way that harms that person’s reputation can open the door to a defamation lawsuit. The purpose of filing a lawsuit is not only to put an end to the defamatory statements but to seek compensation. There’s no fixed monetary value for these cases; rather, several factors can affect the total amount of recoverable damages.

If someone has defamed you and you are interested in taking legal action to stop it, it’s important to have an idea of what the potential value of your lawsuit is. Having experienced legal counsel is key to making the strongest case possible.

Our skilled internet defamation attorneys are ready to serve you. We can evaluate the legal and factual aspects of your case and provide an estimate of the potential monetary compensation you may recover. Then, we can get to work making a claim and seeking justice for you.

What Is Online Defamation?

Online defamation is publishing or sharing false information about an individual, business, or organization online. This information harms the victim’s reputation. Online defamation can take a number of forms:

• Posting false statements about a person on social media
• Writing negative and untrue reviews about a business online
• Publishing false accusations on a blog or website
• Sharing misleading information written by someone else online

Online defamation can take two forms:

• Libel: This is a written or published defamatory statement, for example, a Facebook post or Yelp review.
• Slander: On the other hand, slander is a false statement made verbally online, for example during a live video conference or livestream.

What Types of Monetary Damages May Be Available?

If you have been subjected to online defamation, you may be able to file a lawsuit and seek monetary damages. These are designed to compensate you for the personal and financial losses you incur due to the defamation. In some cases, damages are also available to punish the defamatory conduct.

Two of the biggest categories of damages are economic and non-economic damages. “Economic” refers to objective, readily calculable financial losses; “non-economic” damages, meanwhile, involve more subjective and personal losses. Here is what these two types of damages cover:

• Economic: These include measurable losses stemming from the online defamation. For example, a business could lose customers, and therefore money, due to a negative post online about its food safety. Or an individual may get fired or passed over for hiring due to false statements that an employer sees.
• Non-economic: This category covers a broad range of more intangible losses that victims experience. Some examples include reputational harm, emotional distress, humiliation, embarrassment, and damage to personal relationships.

Punitive damages punish defamatory conduct and are intended to deter such behavior in the future. These are not automatically available in every online defamation case. But they may be an option if the defamatory conduct was particularly malicious, reckless, or willful.

What Factors Will Affect the Value of My Online Defamation Case?

The value of an online defamation lawsuit will depend on numerous factors. There is no single dollar value that applies to every case; rather, your attorney should carefully review the unique circumstances of your case and consider how they impact the total amount of compensation.

Every defamation case is different in terms of the seriousness of the defamation and its effects on the victim’s reputation and other aspects of their life. In general, however, the monetary value of your case is likely to turn on such factors as:

• How severe the false statement is: A more serious and damaging statement will likely translate into higher compensation. This is a case-specific factor that will naturally vary from one case to another.
• The number of people who saw or heard the statement: The larger the audience, the more reputational harm is likely. Something published online is likely going to be seen or heard by many people, perhaps across the country or even internationally.
• The defendant’s conduct: How the defaming party, the defendant, acted may be an important factor. For example, did the defendant knowingly make a defamatory statement or act with reckless disregard for the truth?
• The victim’s reputation before the defamation: It is likely relevant what the victim’s reputation was prior to the online defamation. This can then be compared with the reputational harm resulting from the defamation to assess damages.
• Measurable financial losses: These include things like lost income, lost business or career opportunities, and other measurable damages. These figures provide real dollar values to include in the victim’s compensation claim.
• Strength of the evidence: The plaintiff must be prepared to present strong evidence substantiating the above and other factors. Screenshots, pictures, videos, messages, correspondence, and witness statements can all help.

FAQs: Knowing the Value of Your Online Defamation Case

What is defamation per se and how might it impact my case?

Certain statements are defamatory per se, which means the law may presume that certain damages have resulted. Depending on the jurisdiction, this may allow the plaintiff to avoid pleading or proving certain economic losses. Proving defamation per se does not necessarily guarantee a higher damages award, but it can eliminate or reduce certain requirements for proving damages.

How can I prove that my business lost income due to online defamation?

In general, you will need to link the statement with a decline in business revenue or other negative financial effects. Sales records, financial statements, tax returns, invoices, canceled contracts, and communications with customers could all be relevant evidence. An accountant or financial expert may provide supporting testimony.

How can I show that I lost a job opportunity because of what someone said about me on social media?

You will want to prove a connection between what was said and the lost job opportunity. The most obvious example of this is a prospective employer emailing you to tell you what they saw online and rescinding the employment offer. But it’s not always this obvious. Our knowledgeable social media defamation lawyers can review the evidence in your case.

Discuss the Value of Your Case With Our New York and New Jersey Internet Defamation Lawyers

Taking legal action can help you win compensation to cover the various losses you’ve suffered due to someone’s defamatory statements online. To learn more about your legal options and the potential value of your lawsuit, connect with Nesenoff & Miltenberg today.