Defamation (Libel/Slander) Damages Calculator

Estimate damages for a defamation lawsuit. Calculate economic harm, reputational damages, and potential punitive damages for libel (written) and slander (spoken) claims.

⚖️ Tort Law📐 Defamation Damages = Actual Harm + Presumed Damages + Punitives
Lost income due to defamation ($)
Lost business value ($)
Defamation type
Defendant type
Please enter valid values.

Formula & Reference

VariableFormulaUnits
Defamation (Libel/Slander) Damages CalculatorDefamation Damages = Actual Harm + Presumed Damages + Punitives$ estimate

Step-by-Step Examples

Example 1
False Criminal Allegation

$50K lost income, $100K lost business, defamation per se, private defendant.

  • Econ = $150K | Reputational = $150K x 4 x 1.2 = $720K
  • Punitives: $150K x 2 = $300K
  • Total: $1.17M - false crime allegations are highest value
✓ ~$1.17M estimate
Example 2
Online Review Libel

$20K business loss, libel, private.

  • Reputational = $20K x 3 x 1.2 = $72K
  • Total: $92K
  • False negative reviews are increasingly litigated
✓ ~$92,000
Example 3
Slander by Coworker

$10K income loss, slander, private.

  • Reputational = $10K x 2 x 1.2 = $24K
  • Total: $34K
  • Must prove actual damages for slander (not per se)
✓ ~$34,000

Real-World Applications

Common Mistakes to Avoid

⚠️
Not knowing the public figure standard

Public figures (celebrities, politicians, executives) must prove 'actual malice' - the defendant knew the statement was false or acted with reckless disregard for its truth. This is a much higher bar than for private figure defamation.

⚠️
Waiting too long - short statute of limitations

Most states have a 1-2 year statute of limitations for defamation claims. This is shorter than most other torts. Act quickly.

⚠️
Demanding a retraction first

In some states, demanding and not receiving a retraction is a prerequisite to certain damages. In others, retraction may mitigate damages. Consult an attorney before sending any demand letters.

Frequently Asked Questions

What is defamation per se?
Statements presumed harmful without proving actual damages: false criminal accusations, claims of having a loathsome disease (historically STDs), statements injuring professional reputation, or claims of sexual immorality. These allow presumed and punitive damages.
What is the difference between libel and slander?
Libel: written or published defamatory statements (includes online posts, social media, news articles). Slander: spoken defamatory statements. Libel is generally easier to prove and worth more in damages because it's more permanent.
Can I sue for a bad online review?
Only if the review contains false statements of fact (not opinions). 'The food was terrible' is an opinion. 'The restaurant gave me food poisoning' is a factual claim that could be defamatory if false and caused damage.
What defenses exist against defamation claims?
Truth is an absolute defense. Opinion (not presented as fact) is a defense. Privilege applies to certain contexts (legislative proceedings, judicial testimony). Fair comment applies to matters of public concern.
Can you defame a company?
Yes. Businesses can sue for defamation (called trade libel or disparagement). The business must prove the statement was false, published, and caused actual economic damage. It cannot recover for emotional distress.

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