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

In civil litigation in North Carolina, punitive damages are awarded if a court finds the defendant’s behavior was particularly outrageous and harmful. This means that the plaintiff must prove that the defendant acted in a way that was wanton, malicious, oppressive, or reckless. These damages are meant to punish the defendant and deter them from engaging in such behavior in the future. The standard of proof for punitive damages in civil litigation in North Carolina is known as clear and convincing evidence. In this case, the plaintiff must present more than a preponderance of evidence, which concludes that the greater weight of evidence is in favor of the plaintiff. Instead, clear and convincing evidence requires that the plaintiff prove their case to a higher degree and show that it is highly probably true. The plaintiff must prove that it is substantially more likely than not that the defendant acted in a way that was malicious, oppressive, or reckless. If the plaintiff can prove their case with clear and convincing evidence, punitive damages can be awarded.

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

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