California’s clear and convincing evidentiary standard is the legal threshold for some civil cases. It immensely impacts the proceedings as it is a higher standard than the preponderance of the evidence, the most common standard in civil trials, but lower than the beyond reasonable doubt or moral certainty that applies in criminal cases. As a crucial legal threshold determining some civil lawsuits like fraud, conservatorships, protective orders, and withdrawing life support, understanding its nuisances and other evidence standards is critical in navigating the legal process, especially when seeking punitive damages.

California Clear and Convincing Evidentiary Standard

The default evidentiary standard in civil lawsuits is preponderance, or with the majority of the evidence. It means the court or jury believes that the facts are more likely to exist than not.

On the other hand, clear and convincing proof is evidence that reveals to a trier of facts that it is reasonably possible that a fact is actual. Parties in civil lawsuits must satisfy this standard by submitting the relevant evidence that establishes a conviction in the trier of facts' minds that it is the truth. The evidence must leave little room for doubt about the material presented. This evidence standard is higher than the preponderance of the evidence but lower than the legal threshold beyond moral certainty in criminal cases.

So, when a case requires this evidence standard, you must have an experienced attorney meet it and win punitive damages.

In a jury trial in civil cases, judges apply the standard of clear and convincing proof where critical personal interests or rights are on the line, and more protection is needed as severe repercussions are at stake. They give the jury the instructions to determine if the standard is met.

The standard is applied in:

  • Personal injury claims when the plaintiff seeks punitive damages
  • Fraud civil trials
  • Family law cases involving conservatorship

Understanding California Burden of Proof

The burden of proof refers to the party responsible for proving a case's facts. In civil suits, the plaintiff has the burden, while in criminal cases, it is the prosecutor. However, in particular cases, the burden can shift. The party responsible for proving the case must then satisfy a required standard of evidence.

Proof Burden in Civil Lawsuits

A civil suit or case is a legal claim lodged by a plaintiff or claimant against someone else, who is the defendant. The suit demands the defendant pay the plaintiff financial damages for losses or harm suffered. These cases include:

  • A car accident personal injury claim
  • Employment law claims like sexual harassment at work
  • Contract violation claims

In these cases, the injured party or the one that has suffered the losses is the plaintiff and holds the burden of proof.

Nevertheless, under exceptional circumstances, the responsibility to prove the case shifts to the defendant. For instance, in workplace discrimination cases, the victim first shows that they undertook a protected activity and, as a result, suffered adverse employment effects and that a causal link exists between the protected activity and the adverse effects suffered.

Once the defendant proves these elements, the burden shifts to the defendant, who must prove that the adverse action was non-discriminatory or honest. After, the burden shifts back to the plaintiff, who disapproves of the defendant’s assertions.

Proof Burden In Criminal Cases

A criminal charge is an accusation of a criminal violation by a law enforcement entity. The case is usually filed by the state seeking legal penalties like confinement, monetary court fines, and restitution. The prosecutor or district attorney who has the burden represents the state. Nevertheless, the burden can shift to the defendant if they use the affirmative or insanity defense to counter the allegations.

Standard of Proof vs. Burden of Proof

Also called evidentiary standard, it refers to the criteria the party with the burden must satisfy to prove the case. The burden relates to the person responsible for meeting the set evidentiary standard.

Therefore, clear and convincing evidence is an evidentiary standard, and the person who must meet this standard has the burden of proof.

Other Standards of Evidence

Apart from clear and convincing proof, other forms of proof standards include:

  1. The Preponderance of the Evidence

The preponderance of the proof is an evidence standard in civil cases where the plaintiff must present more evidence than the defendant or show that the facts in question are more true than untrue. For instance, in a personal injury case, for you to receive compensatory damages, you must show with a majority of the evidence that over 50% of your injuries or losses are due to the defendant's fault. If the plaintiff and defendant contributed to the injuries equally, that is, 50/50, the court will not award damages. However, the court awarded damages if the defendant was 51% liable for the accident and injuries.

Before filing your injury lawsuit seeking compensatory damages, consult with an injury attorney to evaluate the evidence you have to see if it will likely satisfy this evidentiary standard. Meeting this standard is easy because you do not have to show that the defendant is liable for all your injuries. You have to show that they were more than 50% responsible for the accident and subsequent injuries.

  1. Substantial Evidence

Under the substantial evidence standard, the party with the burden of proving the case’s facts demonstrates that relevant proof exists to lead a sober mind to determine that the evidence is sufficient for a decision. The standard is applied in administrative proceedings.

For example, when you request a DMV proceeding after confiscating your driver’s license due to drinking and driving, you must present substantial evidence to prevent the DMV officer from suspending or withdrawing your driving privileges. If the decision by the agency is unfavorable and you take the matter to the appellate court, the judge depends on the same evidentiary standard to issue a verdict.

Substantial evidence is deemed an intermediate standard because it falls between probable cause and preponderance of the evidence. It is a high standard for probable cause under the 4th Amendment. A court establishes probable cause leading to an arrest, search, or warrant issuance if the police officer handling the case had reason to believe a suspect was engaging in a criminal violation. 

  1. Beyond Moral Certainty or Reasonable Doubt

The evidence standard the prosecutor must satisfy to secure a conviction in a criminal case is beyond moral certainty. Precisely put, defendants are presumed innocent until otherwise proven beyond moral certainty. This is the highest evidentiary standard because the DA's proof must convince the jury or bench that the accusations are true. The proof does not have to eliminate all doubt, as life is open to imaginary doubt. However, the court must not doubt or question whether the accused committed the crime. The evidence must be so that no jury or bench doubts the accused engaged in a violation. However, the DA does not have to show with absolute certainty that the accusations are true. They just need to demonstrate to a moral certainty that the violation happened.

The prosecutor meets this standard using circumstance evidence or direct evidence. Direct evidence includes eyewitnesses or video footage of you committing a crime. Indirect or circumstantial evidence is the one that requires the court to form an inference or conclusion that a crime happened.

In the US, innocence is presumed. The burden of showing otherwise is on the prosecutor. This means that a defendant does not need to prove innocence. It is the prosecutor who must prove guilt. When they fail to do so, the defendant wins the case even without putting up a fight.

Determining the Evidentiary Standard to Apply in a Case

You can discover the evidence standard in your case and the party who has to prove the case by doing online research. However, the most reliable way is through an attorney. If you are lodging a personal injury claim, speak to a profound injury attorney to understand the evidentiary standard.

Many attorneys offer no-obligation initial consultations. Therefore, you do not have to be afraid of parting with money to understand your case. Speak to your preferred attorney to understand this. Besides, once you retain the services of an attorney, the court will explain to them the evidentiary standard that will apply in the case.

If your attorney chooses a jury trial, the judge must explain to the jurors the evidence standard to apply in the case before it commences.

Application of Clear and Convincing Test Under California Law

Civil Code (CC) 3294 allows plaintiffs to pursue punitive damages if there is clear and convincing proof that the accused acted with malice, oppression, or fraud. The court awards the damages in addition to the compensatory damages to punish the defendant and discourage others from acting in the same way.

You should know that the court does not just award these damages. You go through the facts of your case with the help of an attorney to identify clear and convincing instances where the defendant was cruel, engaged in fraud, or willfully disregarded your safety or privileges. If these elements are present in your lawsuit, you can petition for these damages. However, you cannot specify the exemplary damages to expect in the request as the law has no precise way or technique of measuring punitive damages. Judges rely on statutory factors to determine exemplary damages.

Besides, you should know that insurance companies do not sell policies to cover punitive damages. So, if the court awards the damages, it must consider the defendant’s financial capabilities, as they will be paying out of pocket.

Punitive Damages Availability

You have a better chance of claiming punitive damages in your personal injury lawsuit if you obtained injuries due to:

  • Assault, sexual battery, or battery
  • Medical malpractice
  • DUI related injuries
  • Willful or deliberate causing of emotional distress
  • Wrongful firing from employment

Do not assume that your claim is not eligible for punitive damages without consulting an attorney. First, discuss the case with the legal representative, who will guide you. Usually, if there is wrongful or egregious conduct in the case, you have a chance to seek these damages. You cannot determine the damages the court will award, so it is up to you to build a solid and convincing case and then leave the rest to the judge, who can award exemplary damages higher than compensatory damages.

The Legal Procedure

If your attorney verifies that you can seek exemplary damages, the next step is to make the request. Typically, you pursue these damages in your liability claim. However, the accused can request the punitive damages claim be tried separately. When the court tries the case separately, the court will not consider the defendant's financial position until the case is won or the court establishes that the accused acted with malice, oppression, or fraud.

However, after the determination, the court considers the accused's wealth to award the plaintiff exemplary damages. The evidence regarding the defendant’s wealth cannot arise until a determination is made. As much as the court will consider the defendant’s wealth when setting exemplary damages, the amount they arrive at must reasonably relate to the injuries. It can be less, more, or equivalent to the exemplary damages. 

Elements the Plaintiff Should Prove in Punitive Damages Lawsuits

CC 3294 allows plaintiffs in civil trials to ask for punitive or exemplary damages on top of recoverable damages. The court will award these damages in your case if you can demonstrate with clear and convincing proof that:

The Defendant was Oppressive

Your attorney must show that the defendant’s behavior was despicable and exposed you to cruel and unjust hardship. Further, they must show that the defendant knew they were violating your rights.

The Defendant Acted With Malice

Malice is any behavior performed with the motive of causing someone else injuries or any despicable action towards an individual performed with wanton disregard for human rights and safety.

The Defendant Acted Fraudulently

Your attorney should show that the defendant engaged in willful deceit, hiding or misrepresenting facts known to the defendant to deny them property rights and constitutional rights or cause injuries.

Courts award punitive damages if you prove with clear and convincing proof that the accused displayed deliberate and wanton negligence, meaning the defendant understood their actions would inflict injuries. This differs from simple negligence, where the defendant does not understand the danger their behavior poses. The court would not impose exemplary damages if a defendant made an innocent mistake, leading to injuries and a lawsuit.

Estimating Exemplary Damages

There is no fixed formula for counting exemplary damages in personal injury lawsuits. After the court determines it will award these damages, the exact amount you will receive depends on:

  • The level of reprehensibility in the accused person’s behavior
  • Whether the accused’s conduct portrayed a behavior pattern
  • Whether there exists a substantial connection between the exemplary damages and actual or possible harm caused to the plaintiff
  • Whether the accused disregarded the public’s health and safety
  • The amount that could punish the accused and deter the same conduct in the future while considering the accused’s wealth
  • Whether the accused attempted to take advantage of your finances

So, when seeking maximum punitive damages, you should build a compelling case that clearly and convincingly demonstrates the defendant’s despicable actions and how it is in justice’s interest for the accused to pay a colossal sum in exemplary damages.

Do not assume that because the accused is not financially stable, the court will not award exemplary damages even when evidence shows that it is more likely oppression or malice existed in the case than nonexistent. Wealth is just a consideration for determining the amount.

Limits for Exemplary Damages

California has no cap on the exemplary damages in personal injury lawsuits. However, the 14th Amendment prohibits judges from imposing excessive or unreasonable punishment. The exemplary damages should be reasonable and commensurate with the harm sustained or recoverable damages awards.

The more reprehensive or shameful the defendant’s conduct is, the higher the exemplary damages multiplier. The US Supreme Court provides for a single-digit ratio between exemplary and recoverable damages. The court will deem it an arbitrary punishment if it exceeds the limit.

For instance, a jury awards you $200,000 in compensatory damages and $10,000,000 in exemplary damages after a car accident injury claim. The court will nullify the award because the punitive damages have been awarded at a multiplier of 50, a double-digit ratio to the compensatory damages. Under the circumstances, the judge can lower the multiplier to a single digit, like five, and award $1,000,000 in exemplary damages.

Compensatory vs. Exemplary Damages

Compensatory damages aim to make the plaintiff whole after the losses suffered. They include:

  • Medical bills
  • Car repair or replacement costs
  • Lost wages
  • Loss of consortium
  • Loss of earning capacity
  • Physical pain and emotional distress

All personal injury lawsuits involve pursuing compensatory damages. The court awards these damages if you prove with a preponderance of the evidence the accused is liable for the accident and subsequent injuries. However, not all claims seek punitive damages. If yours is eligible, you must prove with clear and convincing evidence that the court should award the damages a higher evidentiary standard than the one applied in compensatory damages.

Find a Competent Personal Injury Attorney Near Me

California personal injury lawsuits apply preponderance of the evidence when seeking compensatory damages and clear and convincing evidence in punitive damages. The evidentiary standard for seeking exemplary damages is higher. You require an experienced attorney to request and convince the court to award these damages in addition to the compensatory one.

At the San Diego Personal Injury Law Firm, we have experienced attorneys who will protect your rights and convince the court to award all the damages you are entitled to. Contact us at 619-478-4059 to evaluate your case and determine if you can pursue exemplary damages.