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

In civil litigation, the standard of proof for punitive damages is known as clear and convincing evidence. This means that a plaintiff must provide evidence that is so strong that it is highly probable that the defendant’s behavior was intentional or reckless. This is a higher standard than that used to prove liability in most civil cases, which is a balance of probabilities. In Washington, clear and convincing evidence requires the plaintiff to demonstrate to the court that the defendant’s behavior was more than simply negligent. The plaintiff must show that the defendant’s actions were committed with knowledge of the potential harm that could result, or that the defendant had an extreme disregard for the safety of others. The court may consider a variety of factors when determining whether the plaintiff has provided enough evidence for the court to award punitive damages. These factors include, but are not limited to, the nature and severity of the defendant’s actions, the duration of the offending conduct, and the wealth of the defendant. The purpose of punitive damages is to deter the defendant’s similar future actions and to punish the defendant for the harm they have caused. Though punitive damages are rarely awarded, their presence serves to emphasize the importance of taking responsibility for one’s actions.

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

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