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

In civil litigation cases in Texas, the standard of proof required to win a punitive damages award is clear and convincing evidence. Clear and convincing evidence is a higher standard of proof than in many other civil cases, and requires that the judge or jury find that the evidence presented by the plaintiff is highly and substantially more probable to be true than not. This is a higher burden of proof than the preponderance of the evidence, which simply requires that the evidence presented be more likely to be true than not. Clear and convincing evidence is also higher than beyond a reasonable doubt, the highest standard of proof, which is typically used in criminal cases. The typical burden of proof for criminal cases requires that the evidence presented is so strong that no reasonable doubt remains. When it comes to punitive damages, the goal is often to punish certain wrongdoings and ensure that they don’t occur again. This higher standard of proof ensures that the person seeking punitive damages wins their case and is adequately compensated for the wrongs committed against them.

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

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