Suing for Punitive Damages in Knoxville

Find the right Litigation attorney in Knoxville, TN

Litigation Lawyers in Knoxville

In Knoxville, Tennessee, civil litigation is not meant to punish wrongdoers, at least that is not its primary 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 Knoxville, Tennessee will order a defendant to pay the plaintiff damages which are not directly tied to any harm suffered by the plaintiff. Rather, these damages, which are known as "punitive damages", are meant to punish the wrongdoer, and serve as a deterrent.

In Knoxville, Tennessee, punitive damages are not awarded in many cases. This is because the civil litigation system strongly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. However, 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 Knoxville, Tennessee

Personal injury litigation doesn't normally carry with it the possibility of punitive damages in Knoxville, 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 Knoxville, Tennessee.

Punitive damages in Knoxville, Tennessee are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Knoxville, Tennessee courts will consider many factors in considering whether or not to award punitive damages. For example, 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 essential to know that punitive damages in Knoxville, Tennessee are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.

Typically, in Knoxville, Tennessee, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, however, and is applied on a case-by-case basis. Courts in Tennessee have found much smaller awards to be invalid, and upheld much larger awards.

How Can a Knoxville, Tennessee Attorney Help?

In Knoxville, Tennessee, there are a virtually unlimited number of situtations in which punitive damages can be awarded.

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

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Life in Knoxville

Knoxville is the seat of Knox County and 3rd largest municipality in the State of Tennessee. That means a number of courts like Knox County and Tennessee State Courts are located in Knoxville. Likewise, Knoxville is home to some of Tennessee's most outstanding lawyers. Knoxville lawyers are familiar with local and Federal cases like bankruptcy, divorce, immigration, and personal injury lawsuits. Aside from the legal business, Knoxville is home to some nationally known institutions that help attract people to the city. The University of Tennessee, the Department of Energy facility Oak Ridge National Labrotory, the National Transportation Research Center, the Tennessee Valley Authority, and a number of business' headquarters. Producers of Bonnaroo Music Festival AC Entertainment, the Pilot Corporation, Sea Ray, Brunswick Boat Group, and Scripps Networks Interactive (HGTV) are all headquartered in Knoxville. That could be why Forbes Magazine named Knoxville among the "top 10 metropolitan hotspots" and "top 5 business and career" cities in the United States. Knoxville events and attractions encourage a number of tourists to visit each year. Blender magazine named Knoxville the 20 most rock and roll cities in America. It plays host to the 17 day long Dogwood Arts Festival, Kuumba Festival, and Boomsday, the largest Labor Day fireworks display in the United States.

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