Also known as: general damages
Written by attorneys · grounded in primary & secondary sources — see below
Compensatory damages awarded for harm to reputation presumed to flow from a defamatory statement. The jury may estimate the amount without proof of actual pecuniary loss or other specific injury.
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Danielle Dixon published a false statement accusing Deanna Davenport of embezzling funds from a charity. Deanna sues for libel per se. The jury awards $75,000 in damages at large after finding the statement harmed her reputation even though Deanna offered no evidence of lost donations or other out-of-pocket loss.
Devon Drake tells a group of suppliers that Diane Dawson's construction firm uses substandard materials. Diane proves the statement was false and actionable per se. The jury awards damages at large for presumed reputational injury without requiring Diane to prove any specific lost contracts.
A magazine prints a false story claiming Daphne Doyle, a local politician, accepted bribes. Daphne proves actual malice. The jury may award damages at large for presumed reputational harm in addition to any proven special damages.
A reporter publishes details of Daniel Diaz's private medical condition obtained through deception. Daniel proves the publication was defamatory. The court permits recovery of damages at large for the presumed harm to his reputation without evidence of economic loss.
Dominion Capital falsely accuses a competitor of fraud in an internal memo later leaked to clients. The competitor proves actual malice. The jury awards both compensatory damages at large for reputational harm and a separate punitive amount.
Duffy Construction's CEO falsely tells a trade group that Decker Electronics' products are unsafe. Decker sues in California. The court applies damages at large for the presumed reputational injury while also considering choice-of-law rules for the amount.
Damages at large are available for libel and slander per se because harm to reputation is presumed. The jury may estimate the amount without evidence of actual pecuniary loss.
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Gertz limited presumed damages at large to cases involving actual malice or matters not of public concern. Absent actual malice, a plaintiff must prove actual injury to recover compensatory damages.
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Damages at large compensate for presumed reputational harm. Separate recovery for emotional distress may be available under Restatement § 905 when supported by evidence.
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…per se, "the law . . . implies legal injury from the bare fact of publication itself," "falsity and malice are presumed," "general damages need not be alleged or proved but are presumed," and "punitive damages may be awarded by the jury even though the amount of actual damages is neither found nor shown." An award of punitive…