Demand A Correction Now!

Posted on February 3, 2009 by Adrianos Facchetti

You must demand a correction now.  Let me tell you why.

California law limits the amount of damages a defamed party can sue for in certain circumstances depending on whether they have first demanded a correction.  If a defamatory statement is made on a radio broadcast and/or published in a newspaper, you must demand a correction (of the radio broadcaster or newspaper publisher) within 20 days after learning of the slanderous/libelous comments, pursuant to Civil Code section 48a.

If you don't demand a correction within the applicable period of time you are limited to special damages.  This is potentially devastating because special damages generally refer to a quantifiable loss, e.g., loss of business profits, which is more difficult to establish than general damages.  It's especially a big mistake to blow the 20 day period if the defendant's statements were arguably made with malice because punitive damages are a "big stick" in defamation cases.  And trust me, you want to hold onto the big stick if you want to negotiate a settlement.

So it's clear by now that you need to demand a correction.  Do it now.

 

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The 3 Different Types Of Damages in Defamation Cases

Posted on January 27, 2009 by Adrianos Facchetti

A California court may award three kinds of damages to an aggrieved party in a defamation case. What are damages? Damages are monetary compensation for loss or injury to a person or property. In defamation cases, a court is attempting to measure the plaintiff's loss of reputation as a result of the alleged defamatory statement or statements.

There are three types of damages that may be sought in a defamation case according to California Civil Code section 48a, et seq.

  1. General Damages - these include "damages for loss of reputation, shame, mortification, and hurt feelings";
  2. Special Damages - these "are all damages plaintiff alleges and proves that he has suffered in respect to his property, trade, profession or occupation including such amounts of money as the plaintiff alleges and proves he has expended . . ."; and
  3. Exemplary Damages - "are damages which may be in the discretion of the court or jury to be recovered in addition to general and special damages for the sake of example and by way of punishing a defendant who has made the publication or broadcast with actual malice."

I'll explain why it's important to know what types of damages are available to you in a defamation case in an upcoming post.  

Stay tuned and stay informed.


 

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