Maryland Jury Instruction - 2.1 Punitive Damages In General
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Generally, punitive damage awards require a compensatory damage award. There are two types of punitive damages: direct and vicarious. Direct punitive damages are assessed for an insured's wrongful acts. Vicarious punitive damages are imposed against an insured if it is liable for acts of another.
General and special damages are compensatory damages, which serve to compensate the plaintiff for economic loss and pain and suffering, attempting to make them whole. Punitive damages are meant to punish the defendant for his or her negligence or recklessness.
Punitive damages are legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages. They are awarded by a court of law not to compensate injured plaintiffs but to punish defendants whose conduct is considered grossly negligent or intentional.
Punitive damages are awarded in less than 5 percent of civil jury verdicts, ing to a 1990 American Bar Foundation study of 25,000 jury verdicts in 11 states over a four-year period.
General and special damages are compensatory damages, which serve to compensate the plaintiff for economic loss and pain and suffering, attempting to make them whole. Punitive damages are meant to punish the defendant for his or her negligence or recklessness.
Overview. Punitive damages are awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful.
Additional Information. Also called "exemplary damages." Although the standard commercial general liability (CGL) policy and business auto policy (BAP) contain no punitive damage exclusion, many umbrella and excess liability policies contain such an exclusion.
There is no statutory cap on punitive damages in the state of Maryland. The value of punitive damages could be as high as three to ten times the amount of compensatory damages. Juries are instructed to award punitive damages in an amount that would deter the defendant and others from engaging in similar conduct.