Punitive Damages in Knoxville Personal Injury Case

Knoxville injury lawyers explain why you may be entitled to a greater award

When you suffer an injury, the at-fault party should be held accountable for your financial damages, pain and suffering, and other personal losses. There’s a big difference, however, between carelessness and unconscionable conduct. When people drive while intoxicated, property owners refuse to make repairs to save a few dollars, or manufacturers put their products into the market even though they know the products are dangerous, they may be forced to pay an additional amount of compensation called “punitive damages” for their reckless malicious conduct. At Banks & Jones, our Knoxville personal injury lawyers are skilled at showing that defendants acted egregiously, and only a strong punitive damage award sends a message that willful wrongs will be punished.

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What are punitive damages?

There are three types of damage awards in personal injury cases in Knoxville. Economic damages include all your current and future medical expenses, all your current and future lost income, and the damage to your property. Non-economic damages include your pain and suffering, scarring and disfigurement, loss of enjoyment of life, and loss of consortium. Economic and non-economic damages are awarded to compensate you.

Punitive damages are the third form of damages. They are awarded to you to punish the defendant. Punitive damages in Knoxville personal injury cases are meant to send a message to a defendant that their conduct cannot be tolerated – that they must change their way of conducting themselves so nobody else is harmed in the same way.

Tennessee law provides that “punitive damages may only 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.”

Generally, the burden of proof for punitive damages is “clear and convincing evidence,” a higher standard than “by a preponderance of the evidence,” which is used for economic and non-economic damages.

How much punitive damages can be awarded in Tennessee?

There is no precise formula for determining the amount of punitive damages that should be awarded. The jury typically considers how egregious the conduct was and how much harm was caused. Some of the factors reviewed to determine the amount of a punitive damage award include:

  • The financial status of the defendant
  • Whether the defendant was aware of the injuries being caused
  • How long the wrongdoing lasted
  • Any corrective actions the defendant took
  • Many other factors

Tennessee also has a cap on punitive damages. Punitive damages are limited to twice the amount of economic and non-economic damages (the capped amount) combined, or up to $500,000, whichever is higher. Generally, punitive damages should be proportional to the injuries of the plaintiff(s).

Can punitive damages be awarded in a settlement?

Yes and no. A settlement in a personal injury case refers to one combined figure. That figure is normally not broken down into economic, non-economic, or punitive damages. However, the essence of any negotiation is how much our Knoxville personal injury lawyers are likely to obtain if a jury decides your claim. Since a jury can award punitive damages if the defendant is liable and acted egregiously, punitive damages are considered when we negotiate a settlement for you. Of course, a personal injury settlement requires your approval.

What factors determine the amount of punitive damages in Knoxville?

At Banks & Jones, our Knoxville punitive damage cap lawyers understand the various factors that affect your eligibility for punitive damages and the amount of the damages. Some of these factors include:

  • The jury’s deliberation. Normally, the jury will first determine the amount of economic and non-economic damages (compensatory damages) before considering any punitive damages.
  • The jury also must decide if the defendant’s conduct was malicious, intentional, fraudulent, or reckless.
  • There is an evidentiary hearing to determine the amount of punitive damages – meaning both the victim and the defendant can present evidence.

Tennessee law specifically provides that:

  • The jury is not told there is a cap on punitive damages. The court applies the cap after the jury decides the amount of punitive damages.
  • The damage caps do not apply in some situations, including:
    • “If the defendant had a specific intent to inflict serious physical injury, and the defendant’s intentional conduct did, in fact, injure the plaintiff”
    • If the defendant “intentionally falsified, destroyed or concealed records containing material evidence with the purpose of wrongfully evading liability in the case at issue,” subject to certain conditions
    • “If the defendant was under the influence of alcohol, drugs or any other intoxicant or stimulant, resulting in the defendant’s judgment being substantially impaired, and causing the injuries or death.”
    • Other exceptions that our Knoxville punitive damage lawyers will explain – like how sellers of products are generally not liable for punitive damages for defective products (even though the manufacturer is liable for punitive damages) unless the seller was actively involved in a key aspect of the product’s design, testing, manufacturing, packaging, or labeling.

Do you have a Knoxville personal injury lawyer near me?

At Banks & Jones, we make it easy to speak with us. Clients can meet us at our Knoxville office located at 2125 Middlebrook Pike. We make alternate arrangements if you’re too injured or ill to come to our office in person – including visiting you at a healthcare facility, your home, by phone, or through a video conference.

We’ll answer all your questions and guide you through each phase of the claims process.

Talk with our accomplished Knoxville personal injury lawyers today

We understand how you feel. There’s no excuse for any type of accident. There’s no excuse when a defendant acted without the remotest respect for your well-being. At Banks & Jones, we fight aggressively and persuasively to hold defendants liable when they acted maliciously, deliberately, or recklessly. We know how to prove punitive damage claims. Please call us or fill out our contact form to schedule a free consultation with a Knoxville personal injury lawyer from our firm.