When you have been injured due to someone’s negligence in Maine, you have a legal right to seek compensation from them through a personal injury claim. Personal injury claims cover various expenses like medical bills, lost wages, and pain and suffering. But can you claim punitive damages in a personal injury case in Maine?

Definition of Punitive Damages

Punitive damages are different from compensatory damages, which are intended to compensate victims for their losses. Punitive damages serve as a form of punishment for the person or entity responsible for your injury. It is awarded in situations where the defendant’s actions are so egregious or malicious that they deserve punishment beyond just compensating the victim.

Availability of Punitive Damages in Maine

Maine allows for punitive damages but only in specific circumstances. For you to recover punitive damages in a personal injury case in Maine, you must show that the defendant acted with willful or reckless disregard for your safety.

Types of Cases That May Qualify for Punitive Damages

Punitive damages are typically awarded in cases where the defendant’s actions are beyond mere negligence. The following are cases that may qualify for punitive damages in Maine:

Cases of Drunk Driving

Drunk driving is a criminal offense in Maine, and anyone who drives drunk and causes injury to another person can face criminal charges. If you have been injured in a car accident that was caused by a drunk driver, you may be able to claim punitive damages in your personal injury case.

Cases of Defective Products

If you have been injured by a defective product and can prove that the manufacturer’s negligence caused your injury, you may be able to collect punitive damages. This is especially true if you can show that the manufacturer knew about the defect but did nothing to fix it.

Cases of Intentional Torts

Intentional torts are acts committed deliberately by a person that cause harm to another person. Examples of intentional torts include assault, battery, and defamation. If you can prove that the defendant acted intentionally, you may be able to claim punitive damages.

How Punitive Damages are Determined in Maine

Punitive damages in Maine are not easy to obtain, and the amount awarded can vary depending on the severity of the defendant’s conduct. The court will consider several factors when determining the amount of punitive damages to award. These factors include the defendant’s financial resources and the severity of their misconduct.

Hiring an Attorney to Help You Claim Punitive Damages

If you have been injured due to someone’s negligence in Maine, an experienced personal injury attorney can help you determine whether you are eligible for punitive damages. An attorney will help you gather evidence to prove that the defendant acted with willful or reckless disregard for your safety. They can also help you determine the amount of damages you may be able to recover.

Conclusion

Punitive damages are not always available in personal injury cases in Maine. They are only awarded in situations where the defendant’s actions were particularly egregious or malicious. If you think you may be eligible for punitive damages, it is best to consult with an experienced personal injury attorney. They can help you understand your legal options and guide you through the process of filing a personal injury claim.