Punitive Damages in Tennessee Personal Injury Cases

When you are involved in an accident, you have the right to pursue compensation for your injuries, your medical bills and your pain and suffering. Sometimes, however, the accident was caused by an act of willful or malicious intent or recklessness. Or perhaps you were injured because a large corporation or entity chose to “cut corners” in the way it made a product or provided a service. In cases like these, you might be awarded punitive damages by the court. Punitive damages essentially punish the defendants for the harm they have done, but they are not applied in every case.

Punitive damages are non-economic damages that a jury awards to the plaintiff with the purpose of punishing the defendant’s negligent behavior. Under Tennessee law, (Case: Hodges v. S.C. Toof and Company , 833 S.W.2d 896 (Tenn. 1992)) punitive damages may be awarded “if the claimant proves by clear and convincing evidence that the defendant against whom punitive damages are sought acted maliciously, intentionally, fraudulently or recklessly. Tennessee does place a cap on punitive damages: they are limited to either “two times the total amount of compensatory damages awarded; or five hundred thousand dollars ($500,000),” under the law.

When is a person likely to be awarded punitive damages?

When you are in a “typical” car accident – say, you are rear-ended at a red light – the court is not likely to award you any punitive damages. But let us say that you are hit by a drunk driver, and the speed and force at which your car is hit is enough to kill the person in your passenger seat. The family of that passenger may be able to file for punitive damages against the drunk driver.

The court considers punitive damages only when the defendant’s conduct is most egregious. Some other examples might include:

• A company knowingly uses a chemical in its products that can harm you, but decides to cover it up
• An angry driver maliciously and with intent hits another person with his or her car
• A person commits a felonious act, such as robbery or sexual assault, with the “specific intent to inflict serious physical injury” on the plaintiff
• A drug manufacturer purposely mislabels its products or falsifies tests to make the product appear safer than it is

If the plaintiff seeks punitive damages, the court will bifurcate the trial (separate the trial into two sections). In the first section, the defendant’s liability and the amount of compensatory damages will be decided. In the second section, the defendant’s liability for punitive damages will be considered where the plaintiff must prove by clear and convincing evidence that the defendant’s conduct was intentional, fraudulent, malicious or reckless. It is entirely possible for a court to find a defendant liable for negligence and not award punitive damages. That is why working with a skilled West Tennessee personal injury attorney is so crucial.

If you have been injured in an accident caused by another person’s negligence, contact the Tennessee personal injury lawyers at Bailey & Greer, PLLC. To schedule a consultation, please fill out our contact form. We maintain offices in Memphis and Jackson for your convenience.