40+ Years Winning Exemplary Damages Cases. Hundreds of Millions Recovered. No Fees Unless We Win.
Legally reviewed by Greg Baumgartner | Updated March 27, 2026






If you or a family member suffered serious harm because of someone’s reckless, malicious, or fraudulent conduct in Houston, you may be entitled to more than just compensation for your losses. Texas law allows punitive (exemplary) damages in cases involving gross negligence, malice, or fraud — and securing them requires a lawyer who understands Chapter 41 of the Texas Civil Practice & Remedies Code at the highest level. Our Houston punitive damage lawyer, Greg Baumgartner, has spent over 40 years pursuing exemplary damages against drunk drivers, negligent corporations, and reckless trucking companies across Harris County and Southeast Texas.
Punitive damages (also called exemplary damages) are monetary awards designed to punish a defendant for extreme misconduct rather than compensate the victim for losses. Under Texas Civil Practice & Remedies Code Chapter 41, a court can award punitive damages when a plaintiff proves by clear and convincing evidence that the defendant acted with gross negligence, malice, or fraud. These damages are in addition to actual damages such as medical expenses, lost wages, and pain and suffering.
Few Houston personal injury lawyers pursue punitive damages. These cases are harder to build, require a different litigation strategy, and demand legal expertise developed over decades. Greg Baumgartner has done this work since 1985.
In over 40 years of practice, Greg has recovered hundreds of millions of dollars for Texas injury victims and their families. His wins include multiple multimillion-dollar verdicts and settlements in cases involving gross negligence and exemplary damages.
He holds a perfect 10.0 AVVO rating. He also has an AV Preeminent peer review rating from Martindale-Hubbell, which is the highest designation available. He has been recognized by Super Lawyers, the National Top 100 Trial Lawyers, Lead Counsel, and others.
What separates Greg from attorneys who handle punitive damages occasionally is the depth of specific expertise. He holds dual law degrees, is a graduate of the Trial Lawyers College, and has spent four decades developing an expert command of Texas Civil Practice & Remedies Code Chapter 41 — the statute that governs all exemplary damages claims in this state.
He knows how to file the motions that unlock net worth discovery, how to navigate the bifurcated trial procedure that Texas defendants routinely elect, and how to use the 17 Penal Code exceptions that can remove the statutory damage caps entirely.
Greg does one thing differently from most firms: he strictly limits the number of cases the firm accepts. This is not a policy decision. It is a commitment. Every client we represent gets Greg’s direct involvement – not a paralegal and a form letter. Punitive damages cases require sustained, intensive preparation. We only take on cases where we can give that preparation the time it deserves.
Defense attorneys who have faced Greg refer their friends and family to him when injured. That is the clearest signal of what four decades of results look like.
If you think your case is more than an accident—like a drunk driver making a choice, a company ignoring your safety for profit, or a business knowing about a danger but not acting—call us at (281) 587-1111 for a free case review.
We will review your case and honestly tell you whether we think you could recover punitive damages.
Your case deserves aggressive representation. Call us 24/7.
Lead Trial Attorney
Our credentials and experience tell part of the story. Our results tell the rest.
There is a real difference between firms that merely handle injury cases and those experienced with punitive damages. Most injury claims settle based on medical costs, lost wages, and pain and suffering. Pursuing punitive damages takes more—it means digging deeper, pushing harder, and exploring discovery paths most firms never consider.
That is what we do, and it is what we have done for over 40 years.
When we take on punitive damage cases, we examine what the defendant knew beforehand, the decisions made, and what was ignored. This investigation often reveals evidence that can change a case’s value and the defendant’s accountability.
Here is what that looks like in practice:
In trucking cases, we go after the company’s internal records — maintenance logs, hours-of-service data, driver qualification files, and prior violation histories.
We have discovered drivers who had been cited for hours-of-service violations multiple times before the accident that injured our client. We have found companies that put vehicles with documented out-of-service defects back on the road because fixing them would have meant missing a delivery deadline.
Those are not accidents. They are choices, and they are exactly the kind of choices that support exemplary damages claim.
In drunk driving cases, we look beyond the driver. If a bar or restaurant overserved the person who hit you, Texas’s dram shop law may make that establishment liable, too — and depending on the facts, gross negligence can apply there as well.
We have represented families where the real defendant turned out to be the bar that kept pouring drinks long after it should have stopped.
In landlord negligence and burn injury cases, we focus on the documented history of complaints, maintenance requests, and ignored warnings. When a landlord receives a written warning about a hazard and fails to act, the resulting paper trail often supports a strong claim of gross negligence. We have assisted burn victims where months of ignored safety concerns led to serious injuries.
In wrongful death cases, we work to hold every responsible party accountable, not just the most obvious ones. We have worked with families who lost loved ones in construction accidents where site supervisors and contractors overlooked systemic safety violations because of scheduling pressures.
Every one of these cases started the same way: with a family that had been through something devastating, and with our team asking the question that most firms do not — not just who is at fault, but what they knew and when they knew it?
If you think the person or company responsible was not just careless but consciously reckless, contact us today to discuss what happened.
We will give you a clear assessment of whether punitive damages are realistic in your situation and lay out the next steps we would take.
The consultation is free, and you are under no obligation to proceed.
Texas provides a procedure that allows the trial to be split into two parts to prevent a jury from hearing net worth testimony that may affect the liability determination. If the defendant elects to bifurcate the trial, they must file a motion before the jury selection or, otherwise, in a pretrial order by a court. Upon the motion of any defendant, the bifurcation must occur.
When a defendant elects to split the trial, the first portion of the trial is to determine liability for actual and non-economic damages and the amount of actual damages. If the responsibility for exemplary damages is established in the first portion of the trial. The second portion of the trial will include the awarding of exemplary damages.
Our punitive damage lawyers have found that the defendants elected to engage in serious settlement discussions after positive findings in the first portion of the trial.
We will fully look into the accident where you were hurt or lost a loved one. This helps us hold those at fault accountable and get justice for your family. Often, we hire licensed investigators and talk to expert witnesses to better serve you and your family.
While obtaining punitive damages for negligence is not easy and limited to cases where the conduct was willful or “gross negligence”, we have the experience to calculate your punitive damage claim and fight your fight.
Net worth is the total value of a person’s assets minus their total debts, based on a date chosen by the trial court. In a lawsuit where the plaintiff is asking for exemplary (punitive) damages, the defendant’s net worth is relevant and can be requested as part of the case.
However, Section 41.0115 allows a defendant to file a motion to limit the discovery of net worth and tell a claimant that they have demonstrated a substantial likelihood of success on the merits of the claim for exemplary damages.
Thus, an accident victim must first file a motion to obtain net worth discovery and show the trial court that there is a substantial likelihood of success in getting such discovery. Our punitive damages lawyers have been hugely successful in many Texas cases.
Yes, Texas has a punitive damage cap. Texas law limits or caps punitive damages under section 41.008 of the Texas Civil Practice and Remedy Code. The Texas cap on punitive damages can severely limit punitive damages in cases with limited economic damages.
In Texas, punitive damages are limited to the greater of:
A) Two times the amount of economic damages; b) An amount equal to any non-economic damages found by the jury not to exceed $750,000 or 2. $200,000.
Economic damages are direct money losses. These include lost wages and medical costs. On the other hand, noneconomic damages cover things like pain and suffering. They also include mental distress, emotional pain, and loss of companionship. Other examples are disfigurement, physical limits, loss of society, and loss of life enjoyment.
There are certain areas where the punitive damage caps provided in Texas law are not limited in amount. Lawmakers in Texas have specified 17 separate Penal Code sections to overcome the damage limits on exemplary claims.
The most commonly used exceptions for personal injury attorneys include Penal Code section 49.07 intoxication assault, Penal Code section 49.08 intoxication manslaughter, and section 22.04 injury to a child or elderly person.
To avoid the damage caps, the plaintiff must get a jury to find that the defendant broke one of the criminal code sections. The jury must also find that the defendant did this on purpose and knew what they were doing.
For purposes of exemplary damages, the actions of a vice principal are deemed to be the actions of a corporation because a vice principal represents the corporation in its corporate capacity. This means that specific individuals’ actions will be deemed the corporation’s actions.
Vice principals can include corporate officers, those with authority to employ direct and discharge employees, those engaged in performing non-delegable duties, and those delegated the management of all or part of the business.
An example where a truck accident lawyer might seek punitive damages includes where the trucking company knew the vehicle was out of service but required the 18-wheeler to be used instead of doing the required repairs first.
Talk with a top-rated Punitive Damages lawyer by calling (281) 587-1111
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We have been Houston’s go-to punitive damage law firm for over four decades. To maximize your compensation and hold wrongdoers accountable, call to see if we can help you! Call (281) 587-1111!
Contact our Houston injury lawyer for a free, no-obligation initial consultation. Our Houston law firm represents crash victims in Harris County and Southeast Texas. We have won hundreds of millions for accident victims and can help you, too!
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111
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