What is the standard of proof for punitive damages in civil litigation?

Punitive damages are sometimes awarded in civil litigation when a person has suffered harm due to gross negligence or intentional wrong-doing. Punitive damages are meant to deter the wrong-doer from committing the same act again in the future. In order for punitive damages to be awarded, the standard of proof required is higher than for regular damages. In New Mexico, the standard of proof required in order for punitive damages to be awarded is clear and convincing evidence. Clear and convincing evidence is an intermediate burden of proof, which is higher than a preponderance of the evidence, but lower than the beyond a reasonable doubt standard used in criminal cases. Clear and convincing evidence requires the plaintiff to prove with a high degree of certainty that the claimed facts are more likely than not true. The purpose of punitive damages is not to compensate the plaintiff for their harm, but to punish the wrong-doer and to deter them from causing similar harm in the future. Therefore, the standard of proof used in a civil case for punitive damages needs to be higher than for regular damages in order to ensure that a wrong-doer is only punished when they are culpable for the alleged wrong-doing.

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What is the standard of proof for punitive damages in civil litigation?

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