Suing for Punitive Damages in Smyrna

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Litigation Lawyers in Smyrna

In Smyrna, 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 Smyrna, 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 Smyrna, 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 Smyrna, Tennessee

Generally personal injury cases in Smyrna, Tennessee do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Rather, most of these cases involve situations where the defendant acted carelessly, but did not actually intend to cause harm. This is enough to award compensatory damages, but it is far from sufficient to award punitive damages in Smyrna, Tennessee.

Punitive damages in Smyrna, Tennessee are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Smyrna, 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.

You should be aware of the fact that there are some pretty severe limits on punitive damages in Smyrna, Tennessee. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of massive amounts of property.

Punitive damages in Smyrna, Tennessee normally cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in Tennessee have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.

How Can a Smyrna, Tennessee Attorney Help?

Smyrna, Tennessee's courts have wide discretion in awarding punitive damages. Accordingly, it is impractical to comprehensively discuss all the situations in which punitive damages can arise.

If you are immersed in a case in Smyrna, 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 hesitate to speak with a civil litigation attorney in Smyrna, Tennessee

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Life in Smyrna

Smyrna, Tennessee is a town with a population of close to 40,000 residents. Smyrna is comprised of 23 square miles, and originally began as an agrarian community. The Smyrna airport, makes it easy for travelers to fly directly into the city.

Smyrna is best known for its role in the Civil War. The city, with it's strategic location between two major posts (Nashville and Chattnooga) saw a lot of action. The 160-acre Sam Davis plantation is located in Smyrna, and commemorates the death of the Confederate hero in Smyrna. There is still a military presence in Smyrna today, with the Stewart Air Force Base, and the Tennessee National Guard both located in Smyrna.

In addition to a military presence, Smyrna also has a Nissan Motors plant within the city, a popular place for many residents to work.

Located in Rutherford County, Smyrna lawyers serve their city and the surrounding areas, helping their client with a range of legal issues. Smyrna lawyers are skilled in a range of specialties and available to help their neighbor today!

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