Litigation Lawyers in Millersville

In Millersville, 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 Millersville, 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 Millersville, 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 Millersville, Tennessee

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

Punitive Damages in Millersville, Tennessee are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Millersville, 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 Millersville, 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 Millersville, 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 Millersville, Tennessee Attorney Help?

In Millersville, Tennessee, there are an essentially unlimited number of situtations in which punitive damages can be awarded.

If you are immersed in a case in Millersville, 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 Millersville, Tennessee civil litigation attorney as soon as possible.