Can You Get Punitive Damages After a Bad Accident in Maryland?
When you have been seriously injured in a car accident or other event, your first concern is usually getting medical help and figuring out how to pay for it. You may already know that you can seek compensation for things like medical bills, lost wages, and pain and suffering. But in some cases, Maryland law also allows victims to pursue something called punitive damages. This term describes a special type of compensation meant to punish bad behavior above and beyond the cost of the injuries the behavior caused.
These damages are not awarded in every case, and they are harder to get than standard compensation. However, when the person who caused your injury acted with extreme recklessness or intentional harm, punitive damages can help hold them accountable and send a message that such conduct will not be tolerated. To find out whether punitive damages may be an option in your case, contact our Maryland personal injury attorney today.
What Are Punitive Damages?
Through precedent-setting case law, punitive damages are meant to punish the wrongdoer, not just compensate the victim. They are only available in cases where the defendant’s behavior went beyond ordinary negligence. This could include:
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Drunk driving or driving under the influence of drugs
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Intentionally causing harm or acting with malice
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Knowingly using a defective product or failing to fix a known hazard
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Committing fraud or deceit that leads to injury
In Maryland, punitive damages are only awarded when the victim can prove, by clear and convincing evidence, that the defendant acted with actual malice. Actual malice is evil intent or a conscious disregard for the safety of others, which can be difficult to prove.
Are Punitive Damages Available in Car Accident Cases?
Punitive damages are not common in car accident claims, but they can be awarded in specific situations. For example, if a driver was drunk and had a history of DUI convictions, or if someone intentionally ran another person off the road in a fit of road rage, a court may consider that behavior to be malicious or grossly reckless.
On the other hand, most distracted driving or speeding cases will not meet the legal threshold for punitive damages, even if the injuries are severe. When deciding whether punitive damages are appropriate, the focus is on the conduct that led to the injuries, not the outcome.
Why Seek Punitive Damages?
While punitive damages are difficult to obtain, they can significantly increase the total value of your claim in qualifying cases. They also serve an important social purpose by discouraging similar behavior in the future. For example, if a company knowingly sells a dangerous product and is forced to pay punitive damages, it sends a strong signal to others in the industry to ensure product safety.
Even if the insurance company resists these claims, seeking punitive damages can sometimes lead to higher settlement offers, especially when the facts of the case are clear and well-documented.
Contact a Rockville, MD Personal Injury Attorney
If you were injured in an accident and believe the other party acted with extreme recklessness or intentional harm, you may be entitled to more than basic compensation. Contact a Williamsport, MD car accident lawyer at Serafini Law today. We offer free consultations and work on a contingency fee basis, so you pay nothing unless we win your case. Call 240-744-1600 to schedule your appointment and find out how we can help you seek justice.