Litigation Lawyers in Union City
In Union City, 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 Union City, 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 Union City, 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 Union City, Tennessee
Typically personal injury cases in Union City, Tennessee do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Alternatively, 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 Union City, Tennessee.
Punitive Damages in Union City, Tennessee are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In Union City, 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.
However, in Union City, Tennessee, the law places limits on punitive damages. The U.S. Supreme Court has ruled several times that punitive damages cannot be grossly disproportionate to the evil nature of the conduct, and the injuries that the defendant suffered. If they are disproportionate, punitive damages might be considered a deprivation of the defendant's right to due process of law.
In general, punitive damages in Union City, 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 Union City, Tennessee Attorney Help?
The law of Union City, Tennessee doesn't lay out many strict conditions which are required before punitive damages can be granted. Instead, it largely leaves it to the discretion of the courts. So, there are several situations where they might be awarded.
If you are located in Union City, Tennessee, and are engaged in a case that you think, based on the information conveyed above, that might have punitive damages as an option, you can't be sure what, if anything, you're entitled to from the defendant until you consult with an Union City, Tennessee civil litigation attorney