Nashville, Tennessee


Email Rob McKinney Rob McKinney on LinkedIn Rob McKinney on Twitter Rob McKinney on Facebook
Rob McKinney
Rob McKinney
Contributor •

Punitive damages(3)

Comments Off

This week I have been discussing when punitive damages apply . My personal opinion is that they rarely apply under Tennessee law except in tractor trailer crashes or when you have been hit by a D.U.I. driver . Here is a short list of what the jury would have to consider .

The jury can consider several factors in awarding punitive damages .The defendant’s net worth and finanical condition is the key element .Second , the nature of defendant’s wrongdoing is another factor. Third , whether the defendant was aware of the amount of the harm being caused and the defendant’s motivation in causing the harm . Fourth , how long was the duration of the defendant’s conduct and whether the defendant attempted to conceal the misconduct ? Lastly , whether once the conduct became known to the defendant , did the defendant take remedial action or attempt to make amends by offering a prompt and fair settlement . There are a few other factors the jury can look at , but these are the main points for the jury or judge to determine .