Suing for Punitive Damages in Jackson
In Jackson, 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 Jackson, 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 Jackson, 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 Jackson, Tennessee
Personal injury litigation doesn't normally carry with it the possibility of punitive damages in Jackson, Tennessee, because generally personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Jackson, Tennessee.
Punitive damages in Jackson, Tennessee are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Jackson, Tennessee courts will consider many factors in considering whether or not to award punitive damages. For instance, the court might employ a sliding scale that weighs the immorality of the defendant's actions against the actual harm that it caused to the plaintiff, and calculate damages accordingly.
It's crucial to note that in Jackson, Tennessee, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.
In Jackson, 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.
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The law of Jackson, Tennessee doesn't lay out many strict conditions which are necessary before punitive damages can be authorized. Instead, it largely leaves it to the discretion of the courts. So, there are various situations where they might be awarded.
If you are immersed in a case in Jackson, 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 Jackson, Tennessee
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Life in JacksonJackson is located in Madison County, Tennessee. Per the 2010 census, it has a population of 65,211 people.
Some interesting facts about Jackson are that the popular Hub City Hurricanes played in Jackson in 2007. From 1990-2011 the city hosted the NAIA Women's Division I National Championship basketball tournament. Also, the West Tennessee Healthcare Sportsplex hosts many tournaments throughout the year; it is a travel baseball and softball complex.
Some famous residents include Carl Perkins, Casey Jones, Lauren Pritchard, Christopher Jones, Gil Scott-Heron, and Sonny Boy Williamson.
Jackson is also home to many law offices and firms that train attorneys to practice in all areas of law. Thus, residents do not need to travel far to receive excellent legal services.