Houston Punitive Damages Lawyer

How We Can Help with Your Punitive Damage Case

The punitive damages attorneys at the Baumgartner Law Firm have been helping families maximize damages for over three decades in punitive damage cases. The list of multimillion-dollar cases we have handled is exhaustive. Or success is based upon or experience and the commitment to justice for our clients.

We have helped families that have lost a loved one in trucking accidents where we discovered drivers driving over the allowed hours. We helped families win wrongful death lawsuits when trucking companies broke the safety rules. We have helped burn victims after severe burns from landlord negligence. We have helped victims of drunk drivers sue bars and clubs that over-served a drunk drivers. We have helped families who have lost a father and husband in construction accidents.

We are very aggressive in helping you win cases involving gross negligence and punitive damages.

Why Hire Us for Your 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 over the years when their friends or family members are severely injured or killed.

• Our firm 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.

What You Can Expect If We Accept Your Case

We are very selective in the cases that we agree to handle. And by being selective in accepting cases, we will dedicate the firm to your winning your case. Our first steps after being hired include the following:

Investigation

We will thoroughly investigate the accident in which you were injured or lost a family member to be in the best position to hold the wrongdoer accountable and obtain justice for your family. Frequently, we will engage licensed investigators and consult expert witnesses to best serve justice for you and your family.

Research

we will often conduct significant research regarding the defendants, prior claims, driving records, safer alternative designs, and other factors helpful to win in your case.

Retain needed Experts

If necessary, we will retain expert witnesses who can explain the defendant’s actions, accident, and damages to your jury. These witnesses can include:

• Economists
• Medical Doctors
• Accident Reenactment
• Safety and Regulations
• Toxicologists
• Biomechanics and many others

We will frequently work with treating physicians and others to develop the evidence necessary to maximize your recovery in a lawsuit. Because we have been helping families who have lost a loved one for over three decades and have handled thousands of severe personal injury cases, we are uniquely positioned to help you.

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 three decades. To maximize your compensation and hold wrongdoers accountable, call to see if we can help you!  Call (281) 587-1111!

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 loss of inheritance.

Punitive damages are punishment damages and are not measured by the actual damages sustained by the victim. Punitive damages are meant to deter conduct in the future that society believes is reprehensible. In other words, punitive damages are such that they are intended to punish the behavior of a defendant to prevent unconscionable conduct from occurring again!

Under Texas law, punitive damages are referred to as exemplary damages. They are given in personal injury cases where the victim proves clearly and convincingly that the defendant’s actions amounted to gross negligence, malice, or fraud.

What is gross negligence?

Gross negligence is often pled in personal injury cases in Texas. Gross negligence is defined as an act or omission, which, when viewed objectively from the standpoint of the defendant at the time of its occurrence, involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others;

And of which the defendant has actual, subjective awareness of the risk involved but proceeds with conscious indifference to the rights, safety, or welfare of others. In short, punitive damages are when the defendant knew his conduct was wrong and dangerous but proceeded anyway!

Gross negligence is not saying that the defendant intended to hurt anyone, only that they knew that their contract was such that it involved 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 feel they can prove the case with clear and convincing evidence. While they did not intend to hurt anyone, they consciously got behind the wheel, knowing that it was dangerous.

What is malice?

Malice refers to a specific intent by the defendant to cause substantial injury.

Punitive damages law in Texas

The punitive damages law in Texas is found in Chapter 41 of the Texas Civil Practice & Remedies Code. The law allows the recovery of exemplary or punitive damages only if the victim can prove clearly and convincingly that the harm was caused by fraud, malice, or gross negligence. The jury must be unanimous in their verdict.

In determining the number for exemplary damages, the jury shall consider evidence, if any, relating to:

1. The nature of the wrong;
2. The character of the conduct involved;
3. The degree of culpability of the wrongdoer;
4. The situation and sensibilities of the parties concerned;
5. The extent to which conduct offends a public sense of justice and propriety; and
6. The net worth of the defendant.

Net worth is a person’s total assets minus the person’s total liabilities on the date determined appropriate by the trial court. Accordingly, a defendant’s net worth is relevant and subject to discovery in a lawsuit where the plaintiff seeks to recover exemplary damages. However, Section 41.0115 allows a defendant to file a motion to limit discovery of net worth and tell a claimant has 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.

Damage caps in Texas for punitive damages

Texas has a punitive damage cap. Texas law limits or caps the amounts of punitive damages in section 41.008 Texas Civil Practice and Remedy Code. The Texas cap on punitive damages Can severely restrict punishment in cases where economic damages are limited.

In Texas, punitive damages are limited to the greater of:

1. A) Two times the amount of economic damages; b) An amount equal to any noneconomic damages found by the jury not to exceed $750,000 or 2. $200,000.

Economic damages are direct economic losses. These would include lost wages, medical expenses, and the like. Conversely, noneconomic damages would be items like pain and suffering, mental anguish, emotional pain, loss of consortium, disfigurement, physical impairment, loss of companionship and society, and loss of enjoyment of life.

Situations where the damage caps do not apply in Texas

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 take advantage of the exceptions to the punitive damage caps, the plaintiff must obtain a specific jury finding that the defendant violated one of the criminal code sections. Additionally, the violation must have been committed knowingly and intentionally.

Corporate responsibility and punitive damages in Texas

To hold a corporation accountable for exemplary or punitive damages based upon the actions of its employee, the plaintiff must prove that:

1. The principal authorizes the doing and the manner of the act;
2. The agent was unfit, and the principal was reckless in employing him:
3. The agent was employed in a managerial capacity and was acting in the scope of employment; or
4. The employer or manager of the employer ratified or prove the act.

The actions of a vice principal are deemed to be the actions of a corporation for purposes of exemplary damages. This is 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 the performance of nondelegable 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.