Litigation Lawyers in Erwin
In Erwin, Tennessee, civil litigation is not meant to punish wrongdoers, at least that is not its main purpose. Instead, 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 situations, courts in Erwin, 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 Erwin, 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 Erwin, Tennessee
The vast majority of personal injury lawsuits in Erwin, Tennessee involve instances 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 Erwin, Tennessee.
Punitive damages in Erwin, Tennessee are not authorized in many cases. They are only awarded when the defendant's actions 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 Erwin, Tennessee will be considered. Additionally, 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 Erwin, 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 Erwin, Tennessee, punitive damage awards are usually (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a basic rule of thumb, and is not completely rigid. In Tennessee, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a specific punitive damage award will depend heavily on the facts of each case.
How Can a Erwin, Tennessee Attorney Help?
In Erwin, Tennessee, there are a large variety of situations in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.
If you are immersed in a case in Erwin, Tennessee where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not delay to speak with a civil litigation attorney in Erwin, Tennessee