When we entrust our children to a daycare center, we expect them to provide the highest levels of supervision and care. Learning that your child has been injured at daycare can unleash a flood of emotions and questions. After taking care of your child’s immediate medical needs, it is important to seek justice for your child and to ensure this does not happen again.
Under Texas law, you have the right to hold the daycare center accountable when something goes wrong. This post will explore your legal rights and how you can exercise them. We will also discover how a Texas personal injury attorney can help you seek compensation for your child’s suffering.
Your Rights When Your Child Is Injured
Parents and legal guardians have the right under Texas law to pursue a lawsuit on behalf of their child. They can do so as the child’s legal guardian or using Texas’s “next friend” provision. This gives parents or guardians the same right to sue that their child would have if he or she were aged 18 or over.
There are two ways of pursuing compensation: filing a claim and filing a lawsuit.
Filing a claim
Filing a claim involves notifying the responsible party or the relevant insurance company about your child’s injuries and asking for compensation. This can result in a quick resolution, but be careful not to settle your claim for less than its true value. A personal injury lawyer can advise you on the amount of compensation your child could be entitled to and can help you negotiate a settlement.
Filing a lawsuit
Filing a lawsuit is a legal process that involves lodging a petition with a local court. The lawsuit states what happened to your child, the consequences of his or her injuries, and the damages you are demanding. This may be the more appropriate option in cases involving serious injuries.
In Texas, personal injury lawsuits must normally be filed within 2 years. However, when a minor is injured, the two-year limit does not apply until he or she reaches the age of 18.
Potential compensation
Compensation in daycare and child injury cases is similar to other personal injury claims. It may include the following types of economic compensation:
- Medical expenses
- Ongoing medical care costs
- Prescription costs
- Therapy and counseling bills
Depending on the nature of your child’s injuries, you may also be able to sue for non-economic compensation on your child’s behalf. This could include damages for:
- Pain and suffering
- Behavioral issues experienced as a result of the injury
- Developmental problems
- Mental anguish, including nightmares and disrupted sleep
- Loss of enjoyment in life
Settlements involving minors
As minors cannot handle their own finances, all settlements are subject to court approval under Texas law. At a hearing, the judge will review the terms of any out-of-court settlement. The court will decide on the following:
- Is the settlement fair?
- Is it distributed appropriately?
- Is a structured settlement or trust required to manage the funds until the child becomes an adult?
A personal injury lawyer can fight for fair compensation on behalf of your child. Let’s explore how an attorney can build a strong case that will give you the best chance of a fair outcome.
The Role of a Texas Child Injury Lawyer
During a free consultation, a Texas child injury lawyer will listen with compassion as you explain what happened to your child. The attorney will then provide tailored advice, using his or her knowledge of Texas law and legal experience to help you understand your rights. If the law firm agrees to take on your case, your legal team will get to work on building a strong case.
Proving liability
If your child was injured at a daycare center, multiple parties may be liable. For example, the daycare center may be liable if it violated its responsibilities under Chapter 42 of the Texas Human Resources Code. Daycare personnel could also be liable depending on the circumstances, as could third parties such as playground equipment manufacturers.
If your daycare center had you sign a contract with a no-liability clause, do not quickly conclude that you have signed away your rights to sue them. Seek qualified legal advice on your specific situation from a Texas personal injury lawyer.
Fighting for your rights
A Texas daycare injury lawyer will then play hardball with insurance companies and other liable parties to fight for the best possible settlement on your behalf. It is usually possible to settle most personal injury and product liability cases out of court. However, if needed, your attorney can also fight your case in court in pursuit of justice for your child.
Entrust Your Case to Fielding Law
In the aftermath of an injury to your child, you need to focus on physical and emotional healing. Leave the legal fight to a qualified Texas attorney who can handle every part of the process and give you the best chance of success.
The dedicated personal injury lawyers at Fielding Law have one focus – justice for your child. Our case results show we win big for our clients. We are ready to hear your story and provide the advice you need. Call us 24/7 at (877) 880-4090 or complete our contact form to schedule a free consultation with a compassionate attorney today.
