Maryland Jury Instruction — 2.1 Punitive Damages In General provides guidance to jurors on the concept of punitive damages and their purpose in civil cases. Punitive damages are awarded in addition to compensatory damages and are intended to punish the defendant for wrongful conduct and to deter others from engaging in similar behavior. Keywords: Maryland, jury instruction, 2.1, punitive damages, general, civil cases, compensatory damages, wrongful conduct, deterrence. In Maryland, there are various types of Maryland Jury Instructions related to punitive damages that address specific circumstances. Some of them include: 1. Maryland Jury Instruction — 2.1a: Punitive Damages in Intentional Tort Cases — This instruction focuses on cases where the defendant intentionally caused harm to the plaintiff. It explains how punitive damages can be awarded if the defendant's conduct was willful, wanton, or malicious. 2. Maryland Jury Instruction — 2.1b: Punitive Damages in Product Liability Cases — This instruction is applicable in product liability cases where the plaintiff seeks punitive damages. It outlines the factors that the jury should consider in determining whether punitive damages are appropriate, such as the manufacturer's knowledge of a defect and their failure to take necessary precautions. 3. Maryland Jury Instruction — 2.1c: Punitive Damages in Medical Malpractice Cases — This instruction pertains to medical malpractice cases where the plaintiff claims punitive damages. It instructs the jury on the standard of proof required for awarding punitive damages, which is clear and convincing evidence of the defendant's conduct being willful, wanton, or reckless. 4. Maryland Jury Instruction — 2.1d: Punitive Damages in Employment Discrimination Cases — This instruction applies to cases involving allegations of employment discrimination and the request for punitive damages. It explains the criteria for the jury to consider, such as the defendant's awareness of their wrongful conduct and the need for deterrence within the workplace. These different types of Maryland Jury Instructions related to punitive damages cater to specific legal contexts and help provide jurors with the necessary guidance to make informed decisions on whether punitive damages should be awarded.
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.