Punitive damages are not generally awarded in Maryland auto accident cases. However, there are some exceptions where the at-fault party acted in a manner that was particularly egregious, so bad in fact, that the jury can conclude that the responsible party acted with malice and with an intent to do harm. Examples of such cases might include road rage cases, accidents involving the discharge of firearms or other deadly weapons, use of a motor vehicle to intentionally crash into other cars or persons, some very reckless cases of DUI, etc.

Often, a key indicator that punitive damages might be available in a Maryland car accident case is if the Maryland police authorities have brought criminal charges against the at-fault driver. If you have been injured in an auto accident here in Charles County, Maryland, consider hiring the top-rated Maryland car accident attorneys here at the Law Office of Robert Castro. Use our contact page or call us at (301) 870-1200. We have offices in Waldorf, Maryland. Below is some additional information about punitive damages in Maryland personal injury cases.

Normally, in cases involving automobile crashes here in Charles County, Md., injured victims can only recover types of damages that can be called compensation. That is, damages are an attempt to make the victim “whole again.” It is, of course, impossible to undo an injury and the pain and suffering that accompany it. However, money is the closest substitute that is available. Again, the idea is that the victim is compensated for their losses. Other losses that can be compensated include:

• Costs for repair to damaged vehicles
• Costs for repair or replacement of personal items damaged in the vehicle, like personal devices, clothing, etc.
• Damages for lost wages and income due to the accident including, potentially, temporary or permanent disability
• Recovery for out-of-pocket expenses like car rentals and other transportation costs
• Compensation for loss or interruption of normal life
• Loss of society and/or consortium
• Recovery of all medical bills and costs, including therapy and rehabilitation fees
• As noted, recovery for pain and suffering

These forms of compensatory damages are awarded for actual losses that can be documented or estimated. Medical bills are a good example since the invoices can be collected and tabulated. Naturally, some categories of compensatory damages — like pain and suffering — are awarded based on estimates. However, even something like pain and suffering is “tied” to the injuries suffered by the victim. A victim is not awarded $500,000 in pain and suffering for a broken arm.

By contrast, punitive damages are NOT a form of compensation and are not tied to the damages actually suffered by the victim. Where the wrongful party has acted with particular malice or violence, punitive damages are imposed to PUNISH the wrongdoer. The amount of punitive damages awarded is determined by the judge or jury based on the wrongdoer’s behavior, net worth, and other factors. The idea is to punish the wrongdoer and “send a deterrence signal” to others.

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 11701 Central Avenue, Suite 200, Waldorf, MD 20601.