What Is The Burden Of Proof Required For Punitive Damages?

What Is The Burden Of Proof Required For Punitive Damages? Punitive damages may only be awarded if the plaintiff proves by clear and convincing evidence that his or her harm was the result of actual malice. This burden of proof may not be satisfied by proof of any degree of negligence including gross negligence. How

Can You Recover Punitive Damages For Negligence?

Can You Recover Punitive Damages For Negligence? Can you recover punitive damages for negligence? In California, you can recover punitive damages when you can show by clear and convincing evidence that the one who caused your injuries acted with malice, oppression or fraud. to deter dangerous conduct. Can punitive damages be recovered? Courts often assess