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

In civil litigation, punitive damages are awarded to a plaintiff as a form of punishment for a defendant’s behavior and to act as a deterrent for future behavior. In the state of South Carolina, the standard of proof for punitive damages is clear and convincing evidence. Clear and convincing evidence is a higher standard of proof than the preponderance of evidence standard used in most civil cases. A preponderance of evidence standard requires a plaintiff to use more than 50% of the evidence to prove their case. Clear and convincing evidence requires a plaintiff to prove their case by a high probability, making it more difficult in some cases for a plaintiff to be successful. The standard of clear and convincing evidence is used to protect a defendant in a civil case from facing an excessive award. Clear and convincing evidence is a middle ground between the burden of proof in a criminal case and the lesser standard of preponderance of evidence in civil cases. While punitive damages are not generally easier to prove, the standard of clear and convincing evidence helps ensure that the damages awarded are not excessive or overreaching. This helps to ensure that the defendant gets a fair trial and that they are protected from excessive damages.

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

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