Can I Recover Punitive Damages for My Waldorf, MD, Car Accident Claim?
Generally, the answer is “no.” In Maryland, the laws related to personal injury claims distinguish two very different types of damages: compensatory damages and punitive damages. If you or a loved one has been injured in a Waldorf, Maryland, auto accident, the injured parties are legally entitled to seek compensation for their injuries. That is, victims can seek compensatory damages. A few examples of compensatory damages include the following:
- Medical bills
- Ambulance charges
- Repair to damaged vehicles and vehicle rentals costs
- Lost wages and income
- Prescription medication and other post-hospital-discharge costs
- Pain and suffering
- Emotional damage claims
As noted, generally, ONLY compensatory damages can be recovered through an insurance claim or a personal injury lawsuit.
Punitive damages are very different under Maryland personal injury laws. Instead of compensating victims, the idea behind punitive damages is to punish the at-fault party and to make an example of the at-fault party as a method of deterring others from similar behavior. Under Maryland laws, to ask for punitive damages in a Charles County, MD, car accident case, there must be strong evidence that that at-fault party acted with actual malice. Maryland’s highest court has defined “actual malice” as the at-fault party’s conduct being “…. characterized by evil motive, intent to injure, ill will, or fraud …” See Owens-Illinois v. Zenobia, 601 A.2d 633 (Md. Court of Appeals 1992). Further, when trying to prove such malice to a jury, the legal standard is extra-high — something called “clear and convincing evidence.”
Given the need to prove malice and the extra-high level of needed evidence, it is almost impossible to recover punitive damages in Maryland personal injury cases. This is because, in most Southern Maryland personal injury cases, the at-fault party did NOT have malice or intent. Generally, people involved in accidents have made a mistake and did not possess the intent to cause injury. An example of this can be seen in the recent case of Griffin v. Petrilli, Case Nos. 1172 & 1174. September Term, 2021 (Court of Special Appeals of Maryland, July 18, 2022) (unpublished). The case involved the victim’s vehicle crashing into tree limbs that had fallen onto the roadway. The victim sued the owners of the property where the tree was located and asked the court to award punitive damages. The victim argued that the property owners knew the tree limbs had fallen and that this amounted to “actual malice.” The lower court said “no” and did not bother sending the claim for punitive damages to a jury. The court stated that there was no evidence of evil motive or actual malice and noted that the property owners were strangers to the victim. The lower court’s decision was approved by the Maryland Court of Special Appeals.
If you think that, maybe, the at-fault party in your case was acting with actual malice, contact us here at the Law Office of Robert Castro. Our number is (301) 870-1200. We are experienced and top-tier Maryland personal injury lawyers and can offer an evaluation of your case and whether a claim for punitive damages can be made.
Contact Waldorf, MD Personal Injury Attorney Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.
