Litigation Lawyers in Howard County

In Howard County, Maryland, civil litigation serves the primary purpose of compensating people who have been victims of wrongdoing, and not meting out punishment, vengeance, or moral judgment.

This general principle is subject to an important exception, however. There are cases where a judge in Howard County, 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.

Courts in Howard County, Maryland do not grant punitive damages in most cases. The civil litigation system is geared against granting financial windfalls to civil plaintiffs. But, there are rare cases, where the defendant has done something to the plaintiff that is so morally reprehensible, that society's interest in punishing the defendant and deterring similar misconduct outweighs the civil justice system's preference against punitive damages.

Conduct that can give rise to punitive damages in Howard County, Maryland

The vast majority of personal injury lawsuits in Howard County, Maryland involve cases in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Howard County, Maryland.

Punitive damages in Howard County, Maryland are not granted in many cases. They are only awarded when the defendant's behavior was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Howard County, Maryland will be considered. Moreover, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.

It's necessary to note that in Howard County, 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 Howard County, 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, however, 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 Howard County, Maryland Attorney Help?

The law of Howard County, Maryland doesn't lay out many strict conditions which are required before punitive damages can be granted. Instead, it largely leaves it to the discretion of the courts. So, there are several situations where they might be awarded.

If you are located in Howard County, Maryland, and are engaged in a case that you think, based on the information conveyed above, that might have punitive damages as an option, you can't be sure what, if anything, you're entitled to from the defendant until you consult with a Howard County, Maryland civil litigation attorney