Houston Punitive Damages Lawyer
40 Years of Experience- Hundreds of Millions Won No Fees Unless We Win
Houston Personal Injury Punitive Damage Lawyer
If you have been injured in an auto accident in Houston or lost a family member in a wrongful death incident, you may wonder whether punitive damages apply to your case. Our Houston punitive damage lawyer can help.
In Texas, punitive damages, also called exemplary damages, are limited by certain laws and court decisions. These damages are meant to punish bad behavior. Examples include a drunk driver causing a crash or a company that knowingly breaks safety rules. Such actions can lead to serious accidents or even deaths.
Our punitive damage attorney in Houston, Texas, has over 40 years of experience getting punitive damages after a serious injury or fatal accident. Our personal injury lawyers have fought for justice by seeking punitive damages since 1985 and recovered millions of dollars for our clients.
If you have questions, ask a preeminent-rated punitive damage lawyer for answers at (281) 587-1111, a number you can call for assistance from a Houston personal injury attorney.
Call us today for a FREE CONSULTATION.
For a FREE Consultation Contact Us Today
"*" indicates required fields
ABOUT GREG BAUMGARTNER
Why Choose Our Houston Punitive Damages Lawyers
Unmatched Experience & Results
- Over 40 years successfully recovering punitive damages for Houston accident victims
- Hundreds of millions of dollars won in personal injury and wrongful death cases
- Multiple multimillion-dollar verdicts and settlements in exemplary damages cases
- Perfect 10.0 AVVO rating and recognized as one of Texas’s best personal injury lawyers
Aggressive Legal Advocacy
- We treat every client like family, not a case number
- Proven track record of holding drunk drivers, negligent trucking companies, and corporations accountable
- Licensed investigators and expert witnesses strengthen your case
- No fees unless we win your case
Deep Knowledge of Texas Punitive Damages Law
- Dual law degrees and Trial Lawyers College graduate leading your case
- Expert understanding of Texas Civil Practice & Remedies Code Chapter 41
- Successfully navigate complex bifurcated trials and net worth discovery
- Know how to overcome Texas’s punitive damage caps using Penal Code exceptions
Call us 24/7. Let’s start fighting together,
CEO of Baumgartner Law Firm
How Our Personal Injury Lawyers Can Help with Your Houston Punitive Damage Case
For over thirty years, the Baumgartner Law Firm has helped families get the most in punitive damages cases. We have won many multimillion-dollar cases. Our success in personal injury comes from our deep experience and our strong commitment to justice for our clients.
Our Houston punitive damage lawyers have helped families that have lost a loved one in trucking accidents where we discovered drivers driving over the allowed hours. Often, we have to sue the truck driver to learn of federal safety violations.
We helped families win wrongful death lawsuits when trucking companies broke the safety rules. Won huge settlements for burn victims after severe burns from landlord negligence. We have helped victims of drunk drivers sue bars and clubs that overserved patrons may be liable for catastrophic injuries resulting from their negligence. And represented families who have lost a father and husband in construction accidents.
Our punitive damage lawyers in Houston are very aggressive in helping you win cases involving gross negligence and punitive damages.
We will evaluate your personal injury claims and assess if punitive damages may be appropriate to seek.
FREE CONSULTATIONS
Why Hire Us for an Exemplary or Punitive Damage Case?
- Because we limit the number of cases we accept, we can dedicate the time and resources to your punitive damage claim to maximize your damages. We are selective in the cases we agree to pursue to provide maximum personal service to you and your family.
- Our track record of excellence extends over 35 years. We routinely receive referrals from defense attorneys we have worked against when their friends or family members are severely injured or killed.
- Our founder, Greg Baumgartner, holds double law degrees, is a graduate of Trial Lawyers College, and has been recognized for excellence numerous times over the years, including:
- Super Lawyers
- Av Preeminent Rating
- Lead Counsel
- Client Review Awards
- Bar Register of Preeminent Lawyers
- The National Top 100 Trial Lawyers and many others.
- We are committed to doing whatever it takes to get justice for you. Our experience, personal service, and exceptional results can’t be beaten.
Bifurcation of the Trial on Punitive Damages
Texas provides a procedure where the trial can be split into two separate parts to keep a jury from hearing net worth testimony that may impact the liability determination. If the defendant elects to bifurcate the trial, they must file a motion before the jury selection or, as 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 number 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.
What is Gross Negligence?
Gross negligence is often claimed in personal injury cases in Texas. It means doing something, or failing to do something, that creates an extreme risk of harm when viewed from the defendant’s perspective at the time it happened. This takes into account both how likely it was that harm would occur and how serious that harm could be.
The defendant knows about the risk but still acts with no care for others’ rights, safety, or well-being. Simply put, punitive damages happen when the defendant knew their actions were wrong and dangerous but went ahead anyway!
Gross negligence is not saying that the defendant intended to hurt anyone, only that they knew their duty of care was violated, leading to dangerous behavior.
A good example would be a person who went to happy hour at the local watering hole and consumed a fair amount of alcohol before getting behind the wheel of their vehicle. When they started their trip home, they did not intend to have an accident or hurt anyone, yet they knew they were intoxicated and shouldn’t be driving.
In this example, a drunk driving accident lawyer may sue for gross negligence if they can prove the case with clear and convincing evidence. While they did not intend to hurt anyone, they consciously got behind the wheel drunk, knowing that it was dangerous.
What is Malice?
In Texas personal injury law, malice signifies a defendant’s specific intent to cause substantial injury to another person. This goes beyond mere carelessness or recklessness, indicating the wrongdoer deliberately aimed for a harmful outcome.
To prove malice, a victim must present clear and convincing evidence that the defendant intended the harm or acted with such extreme disregard for others’ safety that injury was highly probable. This “evil intent” is a crucial factor.
Examples of malicious conduct include a driver intentionally ramming another vehicle or a company executive knowingly ignoring severe safety hazards.
Malice is one of the specific grounds under Texas Civil Practice & Remedies Code Chapter 41 that allows for the award of punitive (exemplary) damages. These damages serve to punish and deter intentional misconduct.
If your injury case involves malicious conduct, consulting a skilled Houston punitive damages attorney is essential. Proving malice demands thorough investigation and strong legal advocacy.
What You Can Expect If We Accept Your Personal Injury Case
Investigation
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.
Research
Retain Needed Experts
- Economists
- Medical Doctors
- Accident Reenactment
- Safety and Regulations
- Toxicologists
- Biomechanics and many others
What are Punitive Damages?
Punitive or exemplary damages are damages in addition to and different from “actual damages.” In a personal injury lawsuit, damages include medical expenses, lost wages, pain and suffering, mental anguish, disability, and disfigurement.
In a wrongful death lawsuit, actual damages include loss of consortium, financial losses, loss of companionship and society, mental anguish, and non-economic damages.
Punitive damages are meant to punish the wrongdoer, not to pay back the victim for their losses. They are used to discourage behavior that society sees as unacceptable. In other words, punitive damages are designed to send a message to the defendant and help prevent the same harmful conduct from happening again.
Under Texas law, punitive damages are also known as exemplary damages. They are awarded in personal injury cases where the victim proves clearly and convincingly that the defendant’s actions amounted to gross negligence, malice, or fraud.
Clear and convincing evidence must be presented. Our personal injury lawyers have won many cases and have recovered punitive damages by proof of gross negligence.
Punitive Damages Law in Texas
- The nature of the wrong
- The character of the conduct involved
- The degree of culpability of the wrongdoer
- The situation and sensibilities of the parties concerned
- The extent to which conduct offends a public sense of justice and propriety; and
- The net worth of the defendant.
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.
Are There Damage Caps in Texas for Punitive Damages?
Yes, Texas has a punitive damage cap. Texas law limits or caps the amounts of punitive damages in section 41.008 of the Texas Civil Practice and Remedy Code. The Texas cap on punitive damages Can severely restrict punishment 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.
When the Damage Caps Do Not Apply
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 the 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.
Corporate Responsibility and Punitive Damages in Texas
- The principal authorizes the doing and the manner of the act
- The agent was unfit, and the principal was reckless in employing him
- The agent was employed in a managerial capacity and was acting in the scope of employment or
- The employer or manager of the employer ratified or proved the act.
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.
Call an Award-Winning Punitive Damages
Attorney in Houston for Help
Talk with a top-rated Punitive Damages lawyer by calling (281) 587-1111
Fill out an online consultation request for a FREE consultation.
Types of Cases We Have Handled for Punitive Damages
- Drunk Driving Accidents
- Over Serving by Bars
- 18-Wheeler Truck Accidents
- Defective Products
- Burn Injuries
- Daycare Negligence
- Car Wrecks
- Construction Accidents
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!
Here’s What Our Punitive Damages Clients are Saying
Contact a Top-Rated Houston Punitive Damages Lawyer For a Free Case Evaluation
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
NEED HELP? HAVE QUESTIONS?
"*" indicates required fields
“We will answer you within 24 hours via email or you can call us directly, we are always ready to serve. Thank “
