July 22, 2021

Do I have to prove damages in a defamation lawsuit in Texas?

A defamation lawsuit combats false statements that have been spoken or written publicly that have hurt someone’s reputation. Defamation lawsuits have traditionally been very successful, but sometimes they can be hard to prove.

How do I win a defamation lawsuit?

Defamation lawsuits must have one very vital, key component to hold any weight in court. With this type of lawsuit, you must be able to prove that the statements are so damaging to your reputation that they’ve hurt you socially or financially.

There are two types of defamation lawsuits: defamation per quod and defamation per se. In defamation per quod, the statement isn’t inherently false or defamatory, so it must be evaluated in a court of law.

With defamation per quod, the damages must be proven in a court of law. Things that may be considered defamation per quod could be a bad review or false advertising. It’s something that may hurt your reputation but doesn’t explicitly do so in its own right.

When don’t I have to prove damages?

In defamation per se, the statements are obviously defamatory and damaging in and of themselves as long as they are proven false. A defamation per se statement may include falsely claiming that someone:

  • Was involved in criminal activity
  • Had a contagious disease or otherwise was unable to do his or her job
  • Was engaged in sexual misconduct or a similar scandal

As long as these statements are false, most courts of law in every state will acknowledge defamation per se and the impacts of these false statements on your reputation, business, and mental health and well-being. If you need help proving damages in a court of law, reach out to a lawyer with experience in defamation law.

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