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§ 13-606. Compensatory damages and other appropriate relief

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2021

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 13. Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults (Refs & Annos)
Subtitle 6. Financial Exploitation of Susceptible Adults and Older Adults (Refs & Annos)
Effective: October 1, 2021
MD Code, Estates and Trusts, § 13-606
§ 13-606. Compensatory damages and other appropriate relief
Currentness
Compensatory damages
(a)(1) A plaintiff in an action brought under this subtitle is entitled to recover compensatory damages.
(2) The damages awarded under this section are in addition to and cumulative with other lawful and administrative damages available to a party.
Additional monetary award
(b) A party who brings an action under this subtitle to recover for injury or loss and is awarded compensatory damages may also seek and the court may award an amount not exceeding three times the compensatory damages and prejudgment interest.
Additional appropriate relief
(c)(1) In addition to monetary damages, a party who brings an action under this subtitle is also entitled to:
(i) Any other appropriate relief, including emergency, preliminary or permanent injunction, rescission, restitution, accounting, unjust enrichment, declaratory relief, and constructive trust; and
(ii) Emergency or interim injunctive relief to preserve the assets of the susceptible adult or older adult, without the requirement of a bond in the discretion of the court.
(2) The remedies provided in this subsection are in addition to and cumulative with other legal, equitable, and administrative remedies available to a party.
Attorney’s fees and expenses
(d) The court may award reasonable attorney's fees and expenses to any person who brings an action under this subtitle for injury or loss and is awarded damages or any other remedy.
Action brought in bad faith or of a frivolous nature; attorney’s fees and expenses
(e) If it appears to the satisfaction of the court, at any time, that an action is brought in bad faith or is of a frivolous nature, the court may order the offending party to pay to the other party reasonable attorney's fees and expenses.

Credits

Added by Acts 2021, c. 311, § 1, eff. Oct. 1, 2021.
MD Code, Estates and Trusts, § 13-606, MD EST & TRST § 13-606
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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