One of the hardest parts of being a working parent is entrusting your child to the care of someone else. When you drop off your child at daycare, you expect them to be safe and protected, cared for in a nurturing environment, until you pick them up to take them home. Unfortunately, this isn’t always the case.
Daycare accidents and injuries are a parent’s worst nightmare. If your child has been injured in a daycare accident due to negligence, or suffered abuse at the hands of an employee, you may be able to take legal action. The Fort Worth daycare injury lawyers at Varghese Summersett will fight to hold every person or entity who bears any responsibility for your child’s injuries accountable.
In this article, our Fort Worth daycare injury lawyer explains daycare injuries, the process for recovering compensation, and how our law firm can help – without any upfront or out-of-pocket cost to you. In fact, you will never receive a bill for our services.
What is a Daycare Accident Injury Lawyer?
A daycare accident injury lawyer is an attorney who represents parents seeking justice and compensation for children who have been injured due to negligence or abuse at a daycare facility or afterschool program. Our Fort Worth daycare injury lawyers have extensive knowledge of personal injury claims, daycare regulations, and the legal process required to hold negligent parties responsible. If you believe your child was injured while in a North Texas daycare, call 817-207-4878 to speak with an experienced Fort Worth daycare injury lawyer.
What Are Common Causes of Daycare Accidents?
Daycare accidents can happen for a variety of reasons. Some common causes of daycare accidents include:
- Inadequate supervision: Children need constant supervision to prevent accidents from happening. If a daycare center is understaffed or the staff is not properly trained, children can be left unsupervised, which can lead to accidents.
- Defective equipment or toys: If a daycare center uses equipment or toys that are defective or not age-appropriate, children can be injured while using them.
- Unsafe environment: If a daycare center is not properly maintained, children can be injured by hazards such as exposed wiring, sharp corners, or broken furniture.
- Negligent hiring or training of staff: If a daycare center does not properly screen its staff or train them on how to care for children, children can be put in danger.
- Failure to properly respond to a child’s medical needs: If a child becomes ill or injured while in a daycare center’s care, the staff should respond quickly and appropriately. If they fail to do so, the child’s condition can worsen.
- Physical, sexual or emotional abuse of a child: If a daycare center staff member physically or emotionally abuses a child, it can cause serious and long-lasting harm.
What Should You Do if Your Child Has Been Injured in a Daycare Accident?
If your child has been injured in a daycare accident, there are several essential steps you should take to position yourself for a successful personal injury claim:
- Seek medical attention for your child. Even if your child’s injuries seem relatively minor, it’s important to have them examined by a medical professional. Be sure and keep all medical records and receipts related to your child’s injury.
- Document the accident. Take photos of the scene of the accident and any injuries your child sustained. Write down what happened and who witnessed the accident. Keep a journal of how our child is acting.
- Report the accident to the daycare center. Make sure you inform the daycare center of the accident and ask for a written report and video footage.
- Contact police if necessary. If you believe physical or sexual daycare abuse has occurred or any crime, contact the police immediately.
- Contact an attorney. It’s important to speak with an experienced Fort Worth daycare injury attorney, like those at Varghese Summersett, as soon as possible. Our team can advise you about your case and next steps.
- Do not discuss the accident with an insurance adjuster. If an insurance adjuster contacts you about the accident, decline to discuss the accident or sign any paperwork without first talking to your attorney. In fact, your attorney should be the one speaking to the insurance company.
What are Common Daycare Neglect and Abuse Injuries?
Daycare injuries can range in severity from minor cuts and bruises to more serious, long-term, or catastrophic injuries. Daycare injuries claims often involve, but are not limited to, the following types of injuries:
- Broken bones
- Head injuries
- Eye Injuries
- Wrongful Death
What Kind of Damages Can Be Recovered in a Daycare Negligence Accident?
If your child has been injured in a daycare accident, you may be entitled to compensation for:
Economic damages are intended to compensate you for the actual financial losses you have suffered due to your child’s injuries. This includes medical and hospital expenses; lost wages due to caring for your injured child; and the cost of future medical care including ongoing treatment and rehabilitation. Other expenses that you may be able to recover include transportation costs to and from medical appointments, the cost of hiring a caregiver, and any modifications to your home that may be necessary to accommodate your child’s injuries.
Non-economic damages are those losses that are intangible and cannot be easily quantified. They may include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Loss of consortium is a type of non-economic damage that refers to the impact the accident has had on your relationship with your child. This can include the loss of companionship, support, and affection that you once enjoyed with your child.
Punitive damages are intended to punish the daycare provider for their negligent or reckless behavior. These damages are not typically awarded in every case and are only granted in cases where the daycare provider’s behavior was particularly egregious.
Punitive damages are awarded to deter similar behavior from occurring in the future. This can include conduct that is intentional, willful, or grossly negligent. Punitive damages are not intended to compensate the victim but are rather a way to hold the responsible party accountable for their actions.
Calculating economic damages can be complex and typically requires the assistance of an experienced daycare accident injury lawyer. An attorney can help you determine the full extent of your economic damages and ensure that you receive the compensation you deserve.
What are Signs of Neglect or Abuse in Daycare?
It’s crucial for parents and guardians to be aware of potential signs that a child may be experiencing neglect or abuse in daycare. Some of the indicators to watch for include:
- Unexplained Injuries: Frequent or unexplained bruises, cuts, burns, or other injuries may indicate that a child is being physically abused or neglected in the daycare environment.
- Behavioral Changes: Sudden or significant changes in a child’s behavior, such as increased anxiety, withdrawal, aggression, or fearfulness, can be indicative of emotional or physical abuse.
- Fear of Daycare or Staff: If a child expresses fear or reluctance to attend daycare or exhibits a strong aversion to specific staff members, it may signal that something is wrong.
- Regression in Development: A child who starts to regress in previously mastered skills, such as toilet training or language development, could be experiencing stress or trauma related to neglect or abuse at daycare.
- Poor Hygiene or Unsanitary Conditions: Consistently poor hygiene, frequent illnesses, or unexplained rashes may point to unsanitary conditions or neglect in the daycare facility.
- Changes in Eating Habits: A sudden change in a child’s eating habits, such as a loss of appetite or excessive hunger, could be a sign of inadequate nutrition or emotional distress related to abuse or neglect.
- Inappropriate Sexual Behavior or Knowledge: If a child displays inappropriate sexual behavior or knowledge beyond their age, it may indicate exposure to sexual abuse in the daycare setting.
If you notice any of these signs or have concerns about your child’s well-being in daycare, it’s crucial to take immediate action. This may involve reporting the issue to the appropriate authorities, seeking medical attention for your child, and consulting with a Fort Worth daycare accident injury lawyer, like Varghese Summersett. Call us today at (817) 207-4878.
What are Texas’ Daycare Laws and Regulations?
Texas state law mandates that daycares adhere to the minimum standards established by the Texas Health and Human Services Commission. These rigorous regulations encompass a wide range of areas, including:
- Appropriate supervision for infants and children
- Immunization and sanitation procedures
- Age-appropriate games and sports activities
- Staff training requirements
- Safety protocols
- Proper supervision for children with special needs
- Dietary safety procedures
- Record-keeping standards
- Teacher-to-student ratio requirements
- Field trip regulations
- Discipline and guidance policies
- Rules concerning animals within the facility
- Indoor space requirements
- Furniture and equipment guidelines
- Indoor activity safety measures
- Fire safety practices
- Carbon monoxide detection, and more
Child abuse or neglect by a caregiver can have a lasting impact on a child’s mental and physical well-being. As parents, we face challenging decisions daily concerning our children, particularly when it comes to childcare. As the number of dual-parent working households rises, so does the demand for out-of-home childcare services.
How Do I Find a Safe Daycare?
To find a safe daycare for your child, it’s important to do your research and ask questions. Look for facilities that are licensed by the state and have a good track record of compliance with regulations. Check online reviews and ask other parents for recommendations.
When visiting a potential daycare, ask about the staff-to-child ratio, the qualifications of the staff, the health and safety procedures in place, and any other concerns you may have. Trust your instincts and choose a daycare that you feel comfortable with and confident in.
How Long Do I Have to File a Daycare Injury Claim?
In Texas, there is a statute of limitations on personal injury claims, including daycare accident claims. This means that you must file a claim within two years after the accident, or you may lose your right to seek compensation. If your child has been injured in a daycare accident in North Texas, it’s important to reach out to a Fort Worth daycare injury lawyer. The sooner we get started, the better your chances of recovering the compensation you need and deserve.
How Can a Fort Worth Daycare Injury Lawyer Help?
A Fort Worth daycare injury lawyer is a legal professional who specializes in representing clients seeking compensation for injuries sustained by their children while in daycare facilities. These attorneys perform various tasks to support their clients, such as:
- Case Evaluation: The lawyer will assess your case, review the evidence, and determine the viability of a personal injury claim.
- Investigation: They will conduct a thorough investigation into the incident, including gathering evidence, interviewing witnesses, and reviewing daycare records and policies.
- Legal Guidance: A daycare injury lawyer will provide guidance on the legal process and advise you on the best course of action to obtain compensation for your child’s injuries.
- Negotiation: The attorney will negotiate with the daycare facility and their insurance company to reach a fair settlement that covers your child’s medical expenses, pain and suffering, and other damages.
- Litigation: If a settlement cannot be reached, the lawyer will represent you in court, presenting a compelling case to obtain the compensation you deserve.
- Compliance with Regulations: A Fort Worth daycare injury lawyer is knowledgeable about Texas daycare laws and regulations, ensuring that your case is handled in accordance with the appropriate legal standards.
By working with a Fort Worth daycare accident injury lawyer, like Varghese Summersett, you can protect your child’s rights and pursue compensation for any injuries they have sustained due to negligence or misconduct in a daycare facility. Contact us at (817) 207-4878 or online for a free consultation.
What if I Can’t Afford a Fort Worth Daycare Injury Lawyer?
At Varghese Summersett, we understand that hiring a lawyer may seem financially daunting. To help alleviate this concern, we operate on a contingency fee basis. This means:
- No Upfront Costs: You don’t have to pay anything upfront when you hire our legal services.
- Free Consultation: We offer a free initial consultation to discuss your case and determine the best course of action.
- No Legal Fees Until We Win: Our fees are contingent on the successful outcome of your case. If we don’t secure compensation for you, you won’t owe us any legal fees.
By working on a contingency fee basis, we ensure that our legal services are accessible to everyone, regardless of their financial situation. If your child has been injured in a daycare accident, don’t hesitate to reach out to Varghese Summersett for legal representation. Call us today at (817) 207-4878 or contact us online to schedule a free consultation.
FAQs About Daycare Injury Claims in North Texas
If your child has been injured in a daycare accident, you should report the incident to the Texas Department of Family and Protective Services. You can submit a report through their online portal, Texas Abuse Hotline, or by calling 1-800-252-5400. The hotline operates 24/7, and you can report anonymously if desired.
Potentially liable parties include:
- The daycare facility owner or operator;
- Daycare staff or caregivers;
- Third-party contractors, such as transportation providers or maintenance personnel; and
- Manufacturers of defective equipment or toys.
In some cases, the daycare facility may still be held liable if they failed to provide adequate supervision or maintain a safe environment that could have prevented the incident.
To establish negligence, you must demonstrate that:
- The daycare facility owed a duty of care to your child.
- The facility breached that duty by failing to meet the required standard of care.
- Your child suffered injuries as a direct result of the facility’s breach of duty.
Immediately report your concerns to the daycare facility, seek medical attention for your child, notify the Texas Department of Family and Protective Services, and consult with a Fort Worth daycare injury lawyer like Varghese Summersett.
Yes, you can file a claim if your child was injured during a daycare field trip. The daycare facility may be held liable if they failed to provide adequate supervision, adhere to safety protocols, or properly screen third-party service providers such as transportation companies or event organizers.
While filing a claim might cause tension between you and the daycare facility, your primary concern should be your child’s safety and well-being. If your child has been injured due to negligence or misconduct, it’s crucial to hold the responsible parties accountable and seek compensation for the damages. Additionally, pursuing a claim may help prevent future incidents and protect other children attending the facility.
To ensure your child is in a safe daycare facility, consider the following:
- Verify that the daycare is licensed and in good standing with the Texas Department of Family and Protective Services (DFPS).
- Review the facility’s inspection reports and safety records.
- Check staff-to-child ratios and ensure they meet Texas minimum standards.
- Confirm that all staff members have undergone background checks.
- Observe the facility’s safety measures, cleanliness, and overall environment.
- Ask about their policies regarding emergencies, illnesses, and supervision.
Speak to a Fort Worth Daycare Injury Lawyer.
We know this is an extremely traumatic time for your child and family, which is why our team will do everything in our power to lessen the burden and stress of your case. That starts with a free consultation and ends, hopefully, with the successful resolution of your case. Call today to get started on your case. 817-207-4878.