Litigation Lawyers in Mckenzie
In Mckenzie, Tennessee, civil litigation is not meant to punish wrongdoers, at least that is not its primary purpose. Alternatively, 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 cases, courts in Mckenzie, 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 Mckenzie, 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 Mckenzie, Tennessee
Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Mckenzie, Tennessee, because typically 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 Mckenzie, Tennessee.
Punitive Damages in Mckenzie, Tennessee are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In Mckenzie, Tennessee, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.
It's essential to know that punitive damages in Mckenzie, 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.
In general, punitive damages in Mckenzie, Tennessee cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, 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 determined on a case-by-case basis.
How Can a Mckenzie, Tennessee Attorney Help?
Mckenzie, Tennessee's courts have wide discretion in awarding punitive damages. Accordingly, it is unrealistic to comprehensively discuss all the situations in which punitive damages can arise.
If you live in Mckenzie, Tennessee and are engaged in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of money from the person or company that hurt you. To know for sure, you should speak with a civil litigation attorney in Mckenzie, Tennessee.