Litigation Lawyers in Dyersburg

In Dyersburg, Tennessee, civil litigation is not meant to punish wrongdoers, at least that is not its main purpose. Rather, it is designed to ensure that the victims of wrongdoing are given compensation for the harm they've suffered.

There is a major exception to this rule, however. In limited circumstances, courts in Dyersburg, Tennessee will order a defendant to pay the plaintiff damages which are not directly tied to any harm sustained by the plaintiff. Rather, these damages, which are known as "punitive damages", are meant to punish the wrongdoer, and serve as a deterrent.

In Dyersburg, Tennessee, punitive damages are not awarded in many cases. This is because the civil litigation system highly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. Nonetheless, in some cases, the conduct of the defendant is so reprehensible, that simply punishing the defendant is a worthy goal, and this interest outweighs the preference against giving civil plaintiffs financial windfalls.

Conduct that can give rise to punitive damages in Dyersburg, Tennessee

The vast majority of personal injury lawsuits in Dyersburg, Tennessee involve situations in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Dyersburg, Tennessee.

Punitive damages in Dyersburg, Tennessee are not authorized in many cases. They are only awarded when the defendant's conduct was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Dyersburg, Tennessee will be considered. Furthermore, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.

Nonetheless, in Dyersburg, Tennessee, the law places limits on punitive damages. The U.S. Supreme Court has ruled various times that punitive damages cannot be grossly disproportionate to the evil nature of the conduct, and the injuries that the defendant suffered. If they are disproportionate, punitive damages might be considered a deprivation of the defendant's right to due process of law.

In general, punitive damages in Dyersburg, Tennessee cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, this is not an absolute rule, and appeals courts in Tennessee have upheld much larger awards, and found much smaller awards to be invalid. It's decided on a case-by-case basis.

How Can a Dyersburg, Tennessee Attorney Help?

In Dyersburg, Tennessee, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of circumstances that can lead to a punitive damage award.

If you are involved in a case in Dyersburg, Tennessee that you believe might entitle you to punitive damages, a lot of money could be at stake. So, if you want to pursue your legal remedies, you should see a Dyersburg, Tennessee civil litigation attorney as soon as possible.