Litigation Lawyers in Suitland Silver Hill
In Suitland Silver Hill, 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 Suitland Silver Hill, 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 Suitland Silver Hill, 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 Suitland Silver Hill, Maryland
Typically personal injury cases in Suitland Silver Hill, Maryland involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In Suitland Silver Hill, Maryland, this is not enough to justify the award of punitive damages.
Punitive damages in Suitland Silver Hill, Maryland are not authorized 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 Suitland Silver Hill, 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 critical to note that in Suitland Silver Hill, 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 Suitland Silver Hill, 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 Suitland Silver Hill, Maryland Attorney Help?
The law of Suitland Silver Hill, 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 various situations where they might be awarded.
If you are engaged in a case in Suitland Silver Hill, 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 Suitland Silver Hill, Maryland