Litigation Lawyers in Berlin
In Berlin, Maryland, civil litigation serves the main purpose of compensating individuals who have been victims of wrongdoing, and not meting out punishment, vengeance, or moral judgment.
This basic principle is subject to an significant exception, however. There are cases where a judge in Berlin, Maryland will order a defendant to pay the plaintiff a sum of money which is not calculated based on actual harm the plaintiff has suffered. These are called "punitive damages" and serve the purpose of punishing and deterring wrongdoing.
Punitive Damages in Berlin, Maryland are not awarded easily, because the civil justice system usually disfavors giving plaintiffs financial windfalls not directly related to compensating them for their injuries. They are usually only awarded when the conduct of the defendant is morally reprehensible, and far worse than simple carelessness.
Conduct that can give rise to punitive damages in Berlin, Maryland
Typically personal injury cases in Berlin, Maryland do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Alternatively, most of these cases involve situations where the defendant acted carelessly, but did not actually intend to cause harm. This is enough to award compensatory damages, but it is far from sufficient to award punitive damages in Berlin, Maryland.
In Berlin, Maryland, punitive damages are not awarded in most cases. They are normally only awarded when the defendant's actions was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Berlin, Maryland to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.
It's important to note that in Berlin, Maryland, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.
Usually, in Berlin, Maryland, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, nonetheless, and is applied on a case-by-case basis. Courts in Maryland have found much smaller awards to be invalid, and upheld much larger awards.
How Can a Berlin, Maryland Attorney Help?
The law of Berlin, Maryland doesn't lay out many strict conditions which are necessary before punitive damages can be authorized. Instead, it largely leaves it to the discretion of the courts. So, there are numerous situations where they might be awarded.
If you are engaged in a case in Berlin, Maryland where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not delay to speak with a civil litigation attorney in Berlin, Maryland