If you’ve been hurt in an accident, you may qualify for compensatory damages, which account for losses like your medical bills, lost wages, pain and suffering, and emotional distress. Depending on the circumstances, you could be eligible for another category of compensation called punitive damages. These are different because they do not compensate you for something specific you have suffered. Rather, they aim to penalize the person who caused your injury and prevent similar actions in the future.
Punitive damages are not common in Tennessee personal injury cases. Courts only award them when a defendant’s actions are particularly reckless or malicious. It takes strong evidence and a clear demonstration of the defendant’s extreme behavior to recover punitive damages. Here’s what you need to know—and what you could expect in your case.
What Is the Difference Between Punitive and Compensatory Damages?
Compensatory damages and punitive damages serve different purposes in a personal injury case. Compensatory damages should make you “whole” again. They cover the actual costs and losses you’ve incurred due to the accident. This includes medical bills, lost wages, property damage, and pain and suffering. The goal is to restore you, as much as possible, to the position you were in before your injuries.
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The purpose of punitive damages is not about compensation. They are meant to penalize the wrongdoer for their actions and deter similar behavior in the future. Only courts can award them; you cannot receive them through an insurance settlement. Moreover, courts only award them in cases where the defendant’s behavior is malicious, intentional, fraudulent, or reckless. When courts award punitive damages, they send a strong message that Tennessee will not tolerate such behavior.
When Do Tennessee Courts Award Punitive Damages?
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In Tennessee, you can only recover punitive damages if you can show the defendant’s conduct was particularly harmful. First, you must take your case to trial and prove the defendant is liable for your injuries, making you eligible for compensatory damages. Next, the Tennessee Code says a court can only award punitive damages if you prove by “clear and convincing evidence” that the defendant acted maliciously, intentionally, fraudulently, or recklessly. This high legal standard helps ensure that courts only award them for the most serious cases.
If the jury finds that the defendant acted maliciously, intentionally, fraudulently, or recklessly, the court will conduct a separate hearing to decide the amount of your punitive damages.
During this hearing, the court will consider several factors, including the defendant’s financial condition, the nature of their wrongdoing, the impact of your injuries on your daily life, and whether the defendant tried to conceal their misconduct.
Is There a Cap on Punitive Damages in Tennessee?
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Generally, punitive damages cannot exceed two times the amount of your compensatory damages or $500,000, whichever is greater. However, exceptions exist, such as cases involving intentional infliction of severe injuries, destruction of evidence, or conduct performed under the influence of drugs or alcohol. In these circumstances, there is no limit to the punitive damages a court could award in a lawsuit.
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Tennessee courts only award punitive damages for the most egregious cases of misconduct. For example, in the case of a habitual drunk driver who causes an accident that seriously injures another person, the court might award punitive damages due to the reckless nature of the driver’s actions. Similarly, if a company knowingly sells a defective product that causes harm and then covers up its knowledge, it might have to pay these damages to those injured by its product.
How the Courts Calculate Punitive Damages
Tennessee courts may consider several factors when calculating punitive damages in personal injury cases. These include the defendant’s financial condition and net worth, the nature and severity of their wrongdoing, and the impact of their conduct on you. Courts also look at whether the defendant attempted to conceal their misconduct, their motivation for causing harm, and any profits gained from their wrongful actions.
In most cases, Tennessee law caps them at the greater of $500,000 or twice the compensatory damages awarded. However, it also specifically states that judges should not instruct juries of this fact. The goal is to let the jury arrive at a figure it thinks is fair, highlighting the severity of the defendant’s behavior.
The Role of an Experienced Lawyer
Securing this type of damage requires a skilled and experienced Tennessee personal injury lawyer. An attorney can gather evidence showing the defendant’s malicious, intentional, fraudulent, or reckless behavior. This might include witness statements, documents, expert testimony, and other evidence demonstrating the severity of the defendant’s actions.
Your lawyer will also handle the complex legal procedures for seeking damages, such as presenting a compelling case in the bifurcated trial process. They will argue for the maximum possible award by highlighting the defendant’s egregious conduct and the need for deterrence.
Limitations and Challenges
Seeking punitive damages in Tennessee is challenging. The high burden of proof—“clear and convincing evidence”—makes it difficult to secure such awards. Plaintiffs must demonstrate that the defendant’s actions were more than just negligent; they must show malicious, intentional, or reckless conduct.
Defendants often vigorously contest awards, and appeals are common. Additionally, there is a statutory cap on it in Tennessee, typically limiting awards to two times the amount of compensatory damages or $500,000, which adds another layer of complexity.
Pursuing punitive damages is worthwhile in cases involving extreme misconduct despite these challenges. With help from Gatti, Keltner, Bienvenu & Montesi, PLC, you can seek to overcome these hurdles and work toward a fair and just outcome in your personal injury case. Our lawyers are skilled and have a proven record of success to back it up. Call (901) 526-2126 now or complete our contact form for a free consultation with a Memphis personal injury lawyer. Let us demand every cent you deserve, up to and including punitive damages, and at no upfront cost.