The burden of proof for punitive damages is “clear and convincing” evidence, and it falls upon the plaintiff. The standard requirement in personal injury cases is for “preponderance of the evidence” so for punitive damages, the evidential requirements are raised. Ultimately, this means that the injured party in a personal injury case must provide clear and convincing evidence that the actions of the defendant were egregious — not only that they suffered an injury from the negligence or wrongdoing of the defendant.