What Is Defamation Per Se? (April 2025)

What Is Defamation Per Se?

Defamation of character occurs when a party makes false statements, and they result in injuries to the subject of those claims. You may have heard of slander vs. libel but may not be certain of what they refer to in relation to defamation. Slander means defamation that is spoken, whereas libel refers to written statements.

There are two main types of defamation: defamation per quod and defamation per se. What is the difference between defamation per se vs. per quod? The answer comes down to whether the statements are so harmful that injuries are presumed.

In defamation per se cases, the plaintiff doesn’t have to prove that they suffered losses as a result of the tort. In per quod cases, however, you would have to show how the defamatory statements harmed you. That could mean proving that you suffered reputational losses, lost income or any other harm.

There are defamation per se elements that must be met for a lawsuit to be possible. These cases require the defendant to have made a false statement about the plaintiff that is spoken or written to a third party and results in harm.

To be considered defamation per se, the statement must fit into one of the following categories:

• Stating that someone has a contagious or infectious disease
• Stating that someone committed a crime or immoral action
• Stating that someone engaged in sexual misconduct
• Stating something harmful about someone’s trade, business or profession

In most instances, if the defamatory statement doesn’t fit into any of these categories, it will be up to the plaintiff to show why it is harmful.

Defamation Lawsuits: The Plaintiff’s Standard of Proof

Something to remember about these cases is that defamation is not necessarily an intentional tort. Even if the defendant didn’t mean to cause harm, they could still be held liable for their statements.

When filing a defamation lawsuit, the plaintiff also doesn’t have to prove that the defendant knew the statement was false. The process can get more complicated, however, if the plaintiff is a public figure. In those instances, the plaintiff must demonstrate that the defendant acted with actual malice.

Defamation Per Se Damages

When you file a defamation lawsuit, you have a chance to recover damages. Nominal damages are one type. They are typically low amounts. They mostly occur in cases when the plaintiff doesn’t have to prove that they suffered harm to their reputation.

You can also receive economic damages for the loss of income you sustained because of the false statements. If you lost a job, lost clients or otherwise suffered economic issues because of defamation, you can claim all of these losses as economic damages.

You can also claim non-economic damages. These compensate you for the anguish you’ve experienced because of the false statements made against you. The severity of the false statement will impact how much you can recover.

Remember that in defamation per se cases, you don’t have to demonstrate how the defamation affected you because harm is assumed. That doesn’t mean, however, that it’s not a good idea to provide clear information on your losses. Doing so can help you receive fair compensation.

Do You Need a Lawyer for a Defamation Per Se Case?

It’s always important to hire an attorney to help you through these cases. Not only will they offer information on how much your case may be worth, but they can also negotiate with the defendant’s team for an appropriate settlement.

Despite their apparent simplicity, defamation cases are never easy. The defendant will try to claim that the statement they made was true and therefore not defamation, which means you’d need to prove otherwise. This is not something that you want to undertake alone.

Hiring Experienced Attorneys for a Defamation Per Se Case

Having false statements made against you can be extremely harmful to your private and professional life. Not only could your reputation suffer, but you could miss out on significant income in the form of lost clients as well. Your option is to file a defamation lawsuit with the help of qualified lawyers with experience in this area.

At ConsumerShield, we understand just how brutal false statements can be and how important it is to have the right legal representation. Our team can connect you with attorneys in your area who provide the exact services you need. Contact us to learn how we can make the process of beginning a lawsuit a bit easier.