When a person suffers an injury or loss due to the negligence or wrongdoing of another party, the law allows them to seek compensation for their damages. In Maine, compensatory damages are the most common type of damages awarded in personal injury cases. These damages are intended to compensate the injured party for their losses, including medical bills, lost wages, and pain and suffering. However, in certain cases, the court may also award punitive damages.
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What Are Punitive Damages?
Punitive damages are also known as exemplary damages because they are intended to punish the wrongdoer for their behavior. These damages are only awarded in cases where the defendant’s behavior was particularly egregious or reckless. The purpose of punitive damages is not to compensate the injured party, but to deter the defendant and others from engaging in similar behavior in the future.
The Criteria for Awarding Punitive Damages
In Maine, punitive damages may only be awarded if the plaintiff can prove by clear and convincing evidence that the defendant acted with malice, oppression, fraud, or wantonness. These are high standards that require evidence beyond a preponderance of the evidence, which is the standard for compensatory damages.
Malice refers to a deliberate intention to harm the plaintiff. Oppression is the use of power or authority to harm the plaintiff in a particularly egregious manner. Fraud is intentionally deceiving the plaintiff with the intent to cause harm. Wantonness is the reckless disregard for the safety of others.
Limitations on Punitive Damages in Maine
Maine law places several limitations on punitive damages. The amount of punitive damages that may be awarded is capped at three times the amount of compensatory damages or $250,000, whichever is greater. Additionally, punitive damages may not be awarded in cases where the plaintiff is seeking damages for personal injury resulting from medical malpractice.
Examples of Cases Where Punitive Damages May Be Awarded
Punitive damages are not awarded in every personal injury case. They are reserved for cases where the defendant’s behavior was particularly egregious or reckless. Here are a few examples of cases where punitive damages may be awarded:
- A drunk driver causes a severe injury or death
- A company’s negligence results in a toxic chemical release that harms the community
- A manufacturer deliberately conceals a known defect in a product that causes injury or death
- An individual intentionally harms another person
Conclusion
Punitive damages are a rare but powerful tool in Maine personal injury law. They are only awarded in cases where the defendant’s behavior was particularly egregious or reckless. The purpose of punitive damages is to punish the defendant and to deter similar behavior in the future. If you believe that you may be entitled to punitive damages in your personal injury case, it is important to speak with an experienced personal injury attorney who can evaluate your case and determine the best course of action.