A serious injury can leave you with medical bills, missed work, pain, suffering, and other economic and non-economic losses. In some cases, the conduct that caused the severe personal injuries may also raise questions about additional damages. In certain exceptional cases, you may be able to recover punitive damages in a Tennessee injury case.
What Are Punitive Damages and How Do They Differ from Compensatory Damages?
Most personal injury claims focus on compensatory damages, which are meant to repay an injured person for losses caused by someone else’s actions, such as medical bills, lost income, pain, suffering, and the effect of the injury on daily life.
Punitive damages serve a different purpose. They are not based on the injured person’s financial losses. Instead, they are meant to punish the defendant’s wrongful conduct and discourage similar behavior in the future.
Because of that difference, punitive damages in a personal injury lawsuit are treated separately from compensatory damages. A person may have a strong claim for compensation without having a claim for punitive damages.
When Can a Tennessee Court Award Punitive Damages?
A Tennessee court may award punitive damages only when an injured person proves that the other party’s actions went beyond mere negligence. Under TN Code § 29-39-104, the claimant must show by clear and convincing evidence that the defendant acted maliciously, intentionally, fraudulently, or recklessly.
The statute also requires the factfinder to decide this issue separately for each defendant, rather than assuming that one party’s conduct applies to everyone involved.
In practical terms, punitive damages may become an issue when the evidence points to conduct that reflects a serious disregard for others’ safety or rights, rather than a simple mistake or careless act.
How Tennessee Limits Punitive Damages: Caps and Bifurcated Trials
Tennessee law places procedural and financial limits on punitive damages. In a bifurcated trial, the jury first decides compensatory damages and whether the defendant’s conduct meets the standard for punitive damages. Only then does the court move to a separate hearing on the amount.
The state also generally limits punitive damages. The Tennessee punitive damages cap is the greater of two amounts: either twice the total compensatory damages or $500,000, though the statute includes exceptions for certain conduct, such as drunk driving.
Ultimately, even when punitive damages are available, the court must follow a separate process before entering any final award.
Talk to The Terry Law Firm About Your Tennessee Injury Case
If you were injured in an accident someone else caused, you may be entitled to compensation for your financial and personal losses, and, depending on the circumstances, your case may also qualify for punitive damages.
The personal injury attorneys at The Terry Law Firm can review the facts and help you understand your legal rights and options. Our firm has served injured Tennesseans since 1960, and we have recovered tens of millions of dollars for our clients. Let us provide the legal support you need while you focus on your health and recovery.
Contact us today to discuss your case in a free initial consultation.
