Emotional Distress in Defamation Cases: Proving the Harm to Your Well-Being

Defamation, the act of making false statements that harm someone’s reputation, can inflict deep wounds that extend far beyond mere reputational damage. The psychological toll of being defamed can be immense, leading to significant emotional distress. In fact, emotional suffering is a core element of defamation-related harm. Plaintiffs often receive compensation for anxiety, depression, or reputational damage resulting from false statements. Understanding how to prove this emotional distress is crucial for anyone considering legal action for defamation.

Understanding Defamation and Its Impact

Defamation encompasses two forms: libel (written statements) and slander (spoken statements). To win a defamation case, a plaintiff typically must demonstrate the following:

A false statement of fact was made: The statement must be false and presented as a fact, not an opinion.
Publication or communication to a third party: The statement must have been communicated to at least one other person besides the plaintiff.
Fault amounting to at least negligence: The person making the statement must have been negligent in not verifying the truthfulness of the statement. Public figures must typically prove “actual malice,” meaning the defendant knew the statement was false or acted with reckless disregard for the truth.
Damages or harm to reputation: The statement caused harm to the reputation of the person or entity who is the subject of the statement.

Beyond reputational damage, defamation can trigger a range of emotional and psychological issues. Emotional distress refers to the psychological suffering someone experiences due to another party’s negligence, intentional harm, or defamation. This can manifest in various ways, including:

Anxiety or panic attacks
Depression or PTSD
Loss of sleep
Public embarrassment or humiliation
Trouble concentrating
Chronic fatigue
Irritability

The Link Between Defamation and Emotional Distress

Emotional distress can stem from various torts, especially in the age of online defamation, where false statements on social platforms rapidly damage mental well-being. These damages can be pursued in court as part of non-economic compensation, even without physical injury.

To successfully claim emotional distress in a defamation case, plaintiffs typically need to demonstrate:

Severity of Distress: The emotional distress must be significant. Minor or fleeting discomfort is insufficient.
Causation: There must be a direct link between the defamatory statement and the emotional distress experienced.
Evidence: Plaintiffs should provide tangible evidence of their emotional distress, such as medical records, therapy notes, or testimony from mental health professionals.

Proving Emotional Distress: Building Your Case

Proving emotional distress in defamation cases can be challenging because emotional distress is inherently subjective, making it difficult to measure and prove. Plaintiffs must present clear and convincing evidence that their emotional suffering is directly attributable to the defamatory statement. Here’s how:

Gather Evidence: Collect as much evidence as you can to prove your damages resulting from defamation or online harassment. This includes screenshotting all defamatory comments or posts, preserving comments or reactions to those statements or posts, and collecting and maintaining all medical records relating to any emotional distress that you have endured.
Medical Records: Documentation from healthcare providers that detail the plaintiff’s emotional and psychological state. Medication prescriptions (e.g., Xanax, Valium) by psychiatrists, as opposed to other medical doctors or urgent-care doctors, are strong evidence of emotional distress. Furthermore, ER visits or hospitalizations for panic attacks, strokes, or temporary amnesia are also helpful in establishing emotional distress.
Expert Testimony: Statements from mental health professionals who can attest to the plaintiff’s emotional condition and its link to the defamatory statement. Judges often rely on licensed therapists, psychologists, or internet defamation expert witnesses to explain the psychological harm and its future implications.
Personal Testimony: The plaintiff’s own account of their emotional distress, including how it has impacted their daily life and well-being. Testimony by the defamation plaintiff may be questioned because the exact symptoms that indicate emotional distress—abnormal and irrational behavior—can also make the plaintiff look like a “kook.” It takes time to appreciate how unhinged people can become when they are defamed, and a jury is not likely to have the time or insight to understand that the plaintiff may have been a calm, normal human before the defamation began.
Witness Testimony: Statements from family, friends, or colleagues who have observed the plaintiff’s distress and can corroborate their account. Whether it is through your family members, friends, or colleagues, having witnesses testify as to the damages you sustained is very important for proving damages in your case.

Types of Emotional Distress Claims

Emotional distress claims in defamation cases generally fall into two categories:

Intentional Infliction of Emotional Distress (IIED): This claim requires proof that the defendant’s conduct was extreme and outrageous and was done with the intent to cause emotional distress or with reckless disregard for the likelihood of causing such distress.
Negligent Infliction of Emotional Distress (NIED): This claim requires showing that the defendant’s negligent behavior caused the plaintiff severe emotional distress. The distress must be so severe that it can be expected to result in a physical manifestation or psychological harm.

Challenges in Claiming Emotional Distress

Claiming emotional distress in defamation cases presents several challenges. Defendants may argue that the plaintiff’s distress is not directly related to the defamatory statement but rather to other factors in their life. They might also assert that the plaintiff’s distress is exaggerated or not severe enough to warrant compensation.

To counter these arguments, plaintiffs must present a compelling case with strong evidence linking their emotional suffering to the defamatory statement.

Damages Available for Emotional Distress

If successful in proving emotional distress, a plaintiff may be awarded damages to compensate for the harm suffered. These damages can include:

General Damages: Compensation for pain, suffering, or trauma, such as anxiety from false allegations.
Special Damages: Tangible losses tied to the distress, such as missed work or therapy bills.
Punitive Damages: Punishment for egregious conduct, such as a harassment campaign, requiring proof of malice.

The Importance of Expert Witnesses

The most effective way to prove damages for emotional distress is through the use of expert witnesses, who can evaluate your medical records, testimony, and other evidence to determine the cause of this emotional distress. Experts can be used to prove damages in many ways. Whether you are using an accountant to prove financial loss or a doctor to prove emotional distress, experts not only are able to testify about the amount of damages you have sustained, but also can help attorneys prove that the damages were caused by the false statements or harassment.

Defenses to Defamation Claims

Even if a plaintiff can prove the elements of defamation and emotional distress, the defendant may have certain defenses available, such as:

Truth: A true statement, no matter how damaging, is not defamatory.
Opinion: Statements of opinion, as opposed to fact, are generally protected.
Privilege: In certain situations, such as court proceedings or legislative debates, statements may be privileged and not subject to defamation claims.
Retraction: Many states have retraction statutes in place to encourage the defamatory statement maker to issue a correction of their statements. Depending on the state, a retraction could reduce or eliminate defamatory damages. The key to an effective retraction is timeliness. The retraction needs to be prompt and adequately address the defamatory statements made.

Statute of Limitations

It’s important to be aware of the statute of limitations for defamation claims, which varies by state. The statute of limitations for defamation cases generally ranges from one to three years, with three years being the maximum period. The filing deadline typically begins when the defamatory statement is published or made to a third party. Missing the deadline can mean forfeiting your claim entirely.

Conclusion

If you have been the victim of defamation, understanding your rights and how to prove the resulting emotional distress is essential. By gathering evidence, seeking expert testimony, and working with an experienced attorney, you can build a strong case to recover compensation for the harm you have suffered and begin to heal from the damaging effects of defamation.