Tax & Law (세금과 법률) 변호사(Korea, U.S.A. IL.) 이재욱 taxnlaw.co.kr
ID PW
[TAX & LAW] 변호사 이재욱
Attorney(KOREA, U.S.A., IL.)   LEE, JAE WOOK'S OFFICE
Attorney LEE, JAE WOOK'S OFFICE   [ LICENSED TO PRACTICE IN KOREA, U.S.A., ILLINOIS ]
[개인과 기업을 위한 모든 법률문제를 서비스합니다.]
1997년부터 20년이상의 노하우를 가지고 웬만한 개인과 기업이 평생에 걸쳐 경험할 수 있는 거의 대부분의 민사,형사,행정,조세,국제거래,국제계약,이민,탄원,진정,고소,고발,제안,협상,중재,조정,업무대행,대리 사건의 자문과 소송과 계획안 제출대리 업무을 경험하고 처리해 왔습니다. 국내거래나 국제거래를 비롯하여 개인과 기업이 당면한 어떤 문제도 모두 해결해 드립니다. 주저하지 마시고 사무실을 내방하여 이재욱변호사의 축적된 경험과 학식과 지식을 이용하여 상담부터 받으세요. 본 사무실에서 해결해드리지 못할 경우 다른 해결방안을 제시해드립니다.
[FOR FOREIGNERS - ENGLISH LANGUAGE LEGAL SERVICES in Counseling, Application and LITIGATION & TRIAL IN COURTS and TRIBUNALS in KOREA]
INTERNATIONAL DIVORCE, CIVIL, REAL ESTATE, PERSONAL INJURY, DAMAGES, TRAFFIC ACCIDENT, FRAUD, PENAL LAW, CRIMINAL TRIAL, FELONY, GUILTY PLEA, LEASE, RENTAL LAW, IMMIGRATION, INVESTMENT, TAX, INCORPORATION, TRADE, CONTRACT, DISPUTE IN CORPORATION, GOVERNMENT TREATMENT, REFUGEE, REMOVAL, VISA, PERMANENT RESIDENCE, CITIZENSHIP]
상담료
선임료
소개
위치
| 민사
상속
이혼
부동산
| 세무
조세
행정
주식분쟁
| 병역법
기소중지
병역면제
국외여행
| 형사재판
고소
고발
| 미국이민
영주권
시민권
VISA
| KOREA
INVEST
VISA
REFUGE
| |
↓   명예훼손,모욕 소송
↓   명예훼손,모욕 소송


↓  Calculating Damages in a Defamation Case


Types Of Damages

Generally, there are three types of damages in a defamation case: (1) actual damages, (2) assumed damages, and (3) punitive damages. Let's take a closer look at all three.

Actual Damages. Actual damages are compensatory damages. The purpose of compensatory damages is to restore the injured party, as nearly as possible, to his or her rightful position -- the position he or she would have been in had he or she not been wronged.

Actual damages include all damages that the plaintiff has suffered with respect to his or her property, business, trade, profession or occupation. For example, any lost wages, or lost earning capacity.

Actual damages also include any out-of-pocket expenses the plaintiff had to pay as a result of the defamatory statements, such as medical expenses for seeing a psychiatrist. Actual damages can also include losses for which money is only a rough substitute, such as shame, mortification, or hurt feelings experienced by the plaintiff.

Assumed Damages. Assumed damages (also called presumed damages) are damages that necessarily result from the publication of the defamatory matter and are presumed to exist. In other words, even if the plaintiff cannot prove actual damages, the court can assume that the plaintiff has suffered harm to his or her reputation, or experienced shame, mortification, or hurt feeling.

Generally, assumed damages are not available for slander (oral defamation) or defamation per quod (situations where the statement is not obviously defamatory).

There is no fixed standard in how courts calculate assumed damages. Further, the amount of assumed damages can be a nominal, meaning an amount as low as one dollar.

Punitive Damages. Punitive damages are damages designed to punish the defendant for particularly egregious conduct and to deter such conduct in the future. To obtain punitive damages, the plaintiff usually needs to show that the defendant acted with malice or fraud.

Availability Of Damages

The type of defamation alleged will determine the types of damages available.

Libel v. Slander. Generally, a statement that is made in writing is libel, and an oral statement or gesture is slander. Assumed damages are available in libel actions, but not in slander cases.

Defamation Per Se v. Defamation Per Quod. Defamation per se means that the statement is obviously defamatory; the court does not have to interpret or study the defamatory statement to know that it harmed the plaintiff. With defamation per quod, on the other hand, the plaintiff needs to provide an explanation as to why the statement is defamatory. This is common where the defamatory statement is an inducement or innuendo. With defamation per se, assumed damages are generally available. Defamation per quod requires proof of actual damages.

Calculating Actual Damages

Calculating damages depends heavily on the facts of your particular case. Usually, plaintiffs will engage an expert in economics to perform an economic damage analysis.

With respect to losses to the plaintiff’s business or profession, the damages suffered are usually measured by the difference in the plaintiff’s actual earnings from the plaintiff’s projected earnings, but for the defendant’s actions.

So, the first step in calculating damages is to project the plaintiff’s revenue based upon his or her life expectancy and retirement age. To do so, the expert must first calculate the plaintiff’s historical earnings. Then, the expert will calculate the future revenue and earnings based upon plaintiff’s damaged reputation, and compare that data to the revenues and earnings projections as if no damage had been done.

The expert will rely on a multitude of factors -- including the plaintiff’s income tax returns and W-2s, the state of the economy and state of the industry in which the plaintiff is engaged -- and the plaintiff’s business calendar (to show that there was a decline in business appointments), as well as the salary of other people engaged in the same industry who have education and training similar to that of the plaintiff.

Mitigating Damages

Damages may be mitigated, or reduced, by the defendant. For example, some states allow a defendant to mitigate damages by publishing a retraction. However, in order to take advantage of this doctrine, courts usually require that the defendant inform the plaintiff in writing of the defendant’s intent to publish the retraction prior to the deadline for filing Defendant’s Answer to the defamation lawsuit.

A plaintiff may also have a duty to mitigate damages. For example, if the plaintiff lost a job as a result of the defamation, and could have taken another job for lesser pay but didn't, the defendant may be able to subtract the amount the plaintiff would have made by accepting the lesser-paying job.




  목록보기
수정하기
  [HOME]  [bitly]  [반전해제]

Copyright 1999-2019 Zeroboard / skin by zero
본 site의 정보는 영리를 목적으로 제공하는 것이 아니며, 이곳에 등재된 모든 글은 "공개"된 대법원판례에 기한 것으로 실명과 무관합니다.