Suing for Punitive Damages in Silver Spring

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Litigation Lawyers in Silver Spring

In Silver Spring, 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 Silver Spring, 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 Silver Spring, Maryland do not authorize punitive damages in most cases. The civil litigation system is geared against authorizing 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 comparable misconduct outweighs the civil justice system's preference against punitive damages.

Conduct that can give rise to punitive damages in Silver Spring, Maryland

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

Punitive damages in Silver Spring, Maryland are not authorized in many cases. They are only awarded when the defendant's actions 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 Silver Spring, Maryland will be considered. Additionally, 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.

There are limits on punitive damages in Silver Spring, Maryland. The Supreme Court has held that punitive damage awards which are grossly disproportionate to the immorality of the conduct, and the harm that it caused, are an unconstitutional deprivation of property without due process of law.

In Silver Spring, Maryland, punitive damage awards are usually (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a basic rule of thumb, and is not completely rigid. In Maryland, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a specific punitive damage award will depend heavily on the facts of each case.

How Can a Silver Spring, Maryland Attorney Help?

Silver Spring, Maryland's courts have wide discretion in awarding punitive damages. Therefore, it is impractical to comprehensively discuss all the situations in which punitive damages can arise.

If you are immersed in a case in Silver Spring, Maryland that you believe might entitle you to punitive damages, a lot of money could be at stake. Therefore, if you want to pursue your legal remedies, you should see a Silver Spring, Maryland civil litigation attorney as soon as possible.

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Life in Silver Spring

Silver Spring is located in Montgomery County, Maryland. It has a population of around 71,452 per the 2010 census. It is Maryland's fourth most populated city after Baltimore, Columbia, and Germantown.

Downtown Silver Spring is known as a major business hub. Many small businesses have located in downtown. These business include retail, services and the legal industry. Two of the largest employers include Choice Hotels and Discovery Communications. To support all the small businesses and local residents, many attorneys have established small firms and law offices to tend to any and every legal need.

Popular attractions include the American Film Institute Silver Theatre and Culture Center, the Silver Spring Jazz Festival, and the Gandhi Brigade media project.

All in all, Silver Spring is a loving town with both a business-savvy and community-like buzz!

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