Are punitive damages available in Tennessee auto accident cases?

The short answer is yes. Punitive damages are available as an element of damages in Tennessee auto accident cases. The question of whether punitive damages will be available in any case depends on the individual facts of the case, and it is the role of the jury to decide if punitive damages are warranted based on the evidence at trial. Punitive damages are not designed to compensate the injured party but are instead designed to punish the wrongdoer.

Tennessee law on punitive damages states that they are only available if the defendant driver or the driver’s employer acted:
Intentionally;
Fraudulently;
Maliciously; or
Recklessly;
Further, the plaintiff must prove the defendant’s actions by “clear and convincing” evidence, which is a higher burden of proof than is required to prove ordinary negligence.

Punitive damages play an important role in the Tennessee courts. Punitive damages allow a jury to punish a defendant for especially harmful behavior, whether it is a corporate defendant or an individual defendant, and send a message that certain acts will not be tolerated in Tennessee communities.

If you have a question about whether you may be entitled to punitive damages in a Tennessee auto accident case, contact one of our experienced Memphis car accident attorneys today by calling 1-888-470-9143.
Bailey & Greer represents people with auto accident claims in Tennessee and Mississippi, including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland, and all of Shelby, Fayette, and Tipton Counties. We have also handled cases in Arkansas, Georgia, and Missouri.