How Long Does the Plaintiff Have to File a Defamation Lawsuit in Virginia?

There is a one-year statute of limitations in Virginia that applies to both slander and libel suits. If they miss this deadline, they lose the right to sue for defamation.

Damages Awarded in Virginia for Slander

Plaintiffs often receive different damages depending on the circumstances. They include:

• Compensatory damages: A slander victim may be compensated for the actual losses or injuries they suffered due to the slander. Besides compensation for economic losses resulting from the loss of income, they may also receive compensation for noneconomic losses, such as emotional distress or humiliation.
• Presumed damages: A defamatory statement may sometimes be presumed defamatory without plaintiffs having to prove harm. Such statements are referred to as defamation per se. A court will presume that your reputation has been damaged if, for example, someone falsely claims you:
  • Committed a crime
  • Has a contagious disease
  • Is unfaithful to their spouse
  • Is incompetent in their profession
  • Committed an offense involving moral turpitude
• Punitive damages: These damages are not intended to compensate the plaintiff but rather to punish the defendant. They are also awarded to prevent future wrongdoing by the wrongdoer or others. Punitive damages are typically only awarded if the defendant’s actions were intentional or grossly negligent.

Slander Defenses

In a defamation lawsuit, there are several defenses you can use. They include:

• Truth: This is the absolute or complete defense to defamation. You can avoid liability by proving that the statement was true or substantially true.
• Absolute privilege: This defense applies to statements made in specific settings or contexts.
• Qualified privilege: It applies to statements made in good faith on matters of common interest or duty.
• Innocent construction: This defense applies to statements that can be interpreted in more than one way.
• Opinion: This defense applies to statements that are expressions of opinion. Opinions are generally protected by the First Amendment.

If you need a slander lawyer in Virginia, contact Ashwell & Ashwell, PLLC, today.

How Can You Prove Slander in a Virginia Court?

To prove slander in a Virginia court under Virginia defamation law, the plaintiff must show that the defendant made an allegedly defamatory statement that was spoken and heard by a third party and caused harm to the plaintiff’s reputation or profession.

The exact words of the allegedly defamatory statement must be presented, and the statement should not just be insulting words but must assert defamatory facts or constitute defamation – implying criminal conduct or adversely affecting a person’s character or profession.

Convincing evidence is required to demonstrate that the statement was false and that it was the natural and probable consequence of such a statement that led to harm.

What Is the Statute of Limitations for Filing a Slander Lawsuit in Virginia?

In Virginia, the statute of limitations for filing a defamation action, including slander, is one year. This means that a person who believes they have been slandered must file their lawsuit within one year from the date the defamatory statement was made.

This limitation is established to ensure that claims are made while evidence is still fresh and available.

How Are Public Figures Treated Differently in Slander Cases in Virginia?

Public figures are treated differently in slander cases in Virginia, as established by the Virginia Supreme Court and consistent with the Supreme Court of the United States.

For a public figure or someone holding such an office to win a slander case, they must prove ‘actual malice’ – that the defamatory statement was made with knowledge of its falsity or with reckless disregard for the truth.

This higher standard, requiring clear and convincing evidence of actual malice, stems from the principle that open and robust debate regarding public figures is encouraged, and thus, the threshold for proving defamation is higher.

Statements qualify as slanderous against a public figure only if they meet this stringent criterion of demonstrating actual malice.