If you suffered personal injuries after an assault, it is important to realize that you may seek compensation through a civil lawsuit as separate from any criminal case. In such a situation, you can pursue the offender for a range of damages that reflect how the attack and your injuries affect your life. Plus, Maryland has enacted a statute on punitive damages for personal injury cases, including civil assault claims. Victims may qualify for additional compensation that serves a different purpose.
Punitive damages are a complicated topic in personal injury law in Maryland because it’s rare that claimants can recover them. You need a strong case with solid evidence, as well as assistance from a Baltimore County assault cases attorney. An overview of punitives can help you understand the basics.
Compensatory Damages for Victims
Compensatory damages aim to make victims whole by covering the losses they suffer due to an assault. There are two types of damages in Maryland civil assault cases:
- Economic Damages: These damages are tangible losses, and they typically include medical expenses, lost wages, and property damage.
- Non-economic Damages: This category includes personal, subjective losses. Assault victims may recover for emotional distress and pain and suffering, which can be significant in violent cases.
In Maryland, calculating compensatory damages requires documenting all financial losses and presenting evidence of the emotional toll. A strong case includes medical records, employment documents, and testimony from mental health professionals to substantiate non-economic damages.
Punitive Damages
Punitive damages serve a different purpose than compensatory damages. Rather than reimbursing victims, punitive damages aim to punish the assailant for particularly egregious behavior and deter similar actions in the future. Assault cases in Maryland often involve willful and malicious acts, which are grounds for seeking punitive damages.
Courts grant punitive damages sparingly and require proof that the defendant acted with extreme recklessness or malice. Maryland law sets a high bar for these claims, but victims who succeed often secure additional compensation. This type of award is especially valuable in holding assailants accountable and sending a clear message against violence.
Maryland’s Statutory Cap
Maryland law imposes limits on certain types of damages, including punitive damages. The goal is to prevent excessively large awards. The state enforces a statutory cap on non-economic damages in personal injury cases, including assault claims. As of 2024, the cap for non-economic damages is $920,000 for cases filed within the year, though this amount is adjusted annually for inflation.
A Baltimore County Assault Victims Lawyer Will Explain Punitive Damages
Victims of assault may qualify for punitive damages as part of other legal remedies, but the bar is high when you need to prove that you qualify. Attorney Michael A. Freedman can guide you and provide essential legal support to meet the legal requirements in appropriate cases. Please contact our offices in Owings Mills or Glen Burnie, MD, today to schedule a free consultation today. You can call 410.363.6848 or go online to connect with a trusted advocate who will review your circumstances and explain the criteria.
