If you were hurt because of someone else’s actions in Maryland, you might be entitled to file a personal injury claim. In most cases, this type of claim allows you to pursue compensation for the economic and non-economic losses you suffered. In some instances, though, the court may award you punitive damages on top of your regular compensation.
Punitive damages are an important yet often misunderstood part of Maryland personal injury law. They are not awarded in every case, but when they are, they can significantly increase the value of your claim. It is important to understand how these damages work and when they might apply to your situation.
What Are Punitive Damages?
Punitive damages, sometimes called exemplary damages, are not meant to compensate the victim. Instead, they are meant to punish the defendant for extreme or outrageous conduct and deter similar behavior in the future.
In a typical personal injury case, the court will award compensatory damages to cover losses such as medical bills, lost wages, and pain and suffering. These damages are designed to make the victim whole again.
Punitive damages serve a different purpose. They are reserved for cases where the defendant’s behavior was so harmful that punishment is justified. This is a high legal standard to meet in Maryland.
When Are Punitive Damages Available in Maryland?
Maryland law is more restrictive regarding punitive damages than many other states. You cannot recover punitive damages in a personal injury case based on ordinary negligence alone, no matter how severe the harm was.
Instead, you must prove that the defendant acted with actual malice. Under Maryland law, this means the defendant must have acted with an evil motive, intent to injure, ill will, or fraud.
Examples of cases where punitive damages might be appropriate include:
- A drunk driver who knowingly got behind the wheel and caused a fatal accident
- A manufacturer that sold a product it knew was defective and dangerous
- A healthcare provider who intentionally falsified medical records
- An employer who knowingly exposed workers to toxic substances without warning them
Simply showing that the defendant was reckless or careless is not enough in Maryland. You must provide clear evidence of actual malice.
How Do You Prove Actual Malice?
Proving actual malice is one of Maryland’s most challenging aspects of pursuing punitive damages. The burden of proof is on the plaintiff, and you must provide clear and convincing evidence, which is a higher standard than the “preponderance of the evidence” used for compensatory damages.
Clear and convincing evidence must show that it is highly probable that the defendant acted with the required intent or state of mind.
Evidence that may help prove actual malice includes:
- Written or verbal statements made by the defendant showing intent to harm
- Evidence that the defendant tried to cover up their misconduct
- Documents or records that reveal the defendant’s knowledge of the harm their actions would cause
Because this standard is so difficult to meet, working with an experienced personal injury lawyer is crucial if you believe your case may involve punitive damages.
How Much Are Punitive Damages Worth in Maryland?
Unlike some states, Maryland has no statutory cap on punitive damages. However, Maryland courts have emphasized that punitive damages must be reasonable and proportionate to the defendant’s conduct and the harm caused.
The U.S. Supreme Court has also addressed this issue, suggesting that punitive damages exceeding single-digit ratios compared to compensatory damages (such as 9-to-1 or less) are more likely to be upheld as constitutional. In other words, a punitive award that is nine times the amount of the compensatory damages is generally considered acceptable.
Ultimately, the amount of punitive damages awarded will depend on:
- The egregiousness of the defendant’s conduct
- The harm caused to the victim
- The need to deter similar conduct in the future
- The defendant’s financial condition
Your lawyer can help you present a strong argument for an appropriate punitive damages award if the facts of your case support it.
Contact Our Lanham Personal Injury Lawyers for a Free Consultation
If you were seriously injured due to another person’s wrongful conduct, you may be entitled to pursue not only compensatory damages but also punitive damages under Maryland law. However, winning punitive damages requires proving that the defendant acted with actual malice and providing clear and convincing evidence.
Contact an experienced Lanham personal injury lawyer today at Alpert Schreyer Personal Injury Lawyers to discuss your case. During your free consultation, your attorney can explain whether punitive damages might be available and how to best pursue the full compensation you need and deserve.
