Litigation Lawyers in Montgomery County

In Montgomery 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 Montgomery 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 Montgomery 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 Montgomery County, Maryland

Mostly personal injury cases in Montgomery County, Maryland involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Montgomery County, Maryland, this is not enough to justify the award of punitive damages.

Punitive damages in Montgomery County, Maryland are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Montgomery County, Maryland courts will consider several factors in considering whether or not to award punitive damages. For example, the court might employ a sliding scale that weighs the immorality of the defendant's conduct against the actual harm that it caused to the plaintiff, and calculate damages accordingly.

You should be aware of the fact that there are some pretty severe limits on punitive damages in Montgomery County, Maryland. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of large amounts of property.

A good rule of thumb for calculating the upper limit of punitive damages in Montgomery County, Maryland is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Maryland have a good deal of discretion in awarding punitive damages, and will determine them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are sometimes upheld, while much smaller awards have been overturned, because they were deemed excessive in a particular case.

How Can a Montgomery County, Maryland Attorney Help?

In Montgomery County, Maryland, there are a essentially unlimited number of situtations in which punitive damages can be awarded.

If you live in Montgomery County, Maryland and are involved in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of money from the person or company that injured you. To know for sure, you should speak with a civil litigation attorney in Montgomery County, Maryland.