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How to Sue a Daycare


As parents, our top priority is the safety and well-being of our children. We trust daycare centers to provide a safe and secure environment for our little ones when we cannot be with them. However, accidents can happen, and if your child has been injured while at a daycare center, you may have grounds to sue for compensation. Call a Houston child injury lawyer right away.

We will outline how to sue a daycare. We understand the emotional turmoil you may be experiencing, and our top-rated daycare injury lawyer in Houston is here to guide you through the legal process.

How to sue a daycare

Document the Injury Incident at the Daycare

The first step in pursuing a daycare injury lawsuit is to gather as much evidence as possible. Start by documenting the incident in detail. Write down everything you remember about what happened, including the date, time, and location of the incident, as well as the names of any staff members involved. Keep a copy of the incident report provided by the daycare center.

Visual Evidence Helps

If possible, take photographs of your child’s injuries and the scene where the incident occurred. This visual evidence can be crucial in supporting your case later. Additionally, seek medical attention for your child’s injuries and record all medical reports, bills, and expenses related to the incident and every doctor your child sees for treatment.

Consult with a Personal Injury Attorney

Next, consulting with a personal injury attorney specializing in daycare injury cases is crucial. Look for a top-rated attorney in the greater Houston area with experience and a successful track record for suing a daycare. Schedule a consultation to discuss the details of your case and determine the best course of action.

Find an Experienced Daycare Lawyer

During the consultation, be prepared to provide all the evidence and documentation you have gathered. The attorney will evaluate the strength of your case and advise you on the potential outcomes and legal options available to you. They will guide you through the entire legal process, from filing the lawsuit to negotiating a settlement or taking the case to trial.

If your child is hurt in an accident at a daycare, don’t wait to get the help you need. Contact Baumgartner Law Firm today for a free consultation.

Notify the Daycare Center

Once you have gathered sufficient evidence, you should notify the daycare center of your intention to sue the daycare. This can be done by your attorney sending a formal written notice to the facility explaining the incident and intent to file a lawsuit pending negotiations.

File a Lawsuit

If, after consulting with your attorney, you decide to move forward with the lawsuit against the daycare center, the next step is to file the necessary legal documents. Your attorney will prepare a complaint outlining the details of the incident, the damages you seek, and the legal basis for your claim. This complaint will be filed with the appropriate court. Which in Harris County, Texas, will most likely be a district court.

It is essential to adhere to all court deadlines and procedures. Your attorney will guide you through this process, ensuring all necessary documents are filed correctly and on time.

Gather Evidence and Build Your Case

Once the lawsuit is filed, your attorney will gather additional evidence to strengthen your case. This may include obtaining witness statements, collecting surveillance footage, and gathering any other relevant documentation or information.

Your attorney will also work with experts, such as medical or accident reconstruction specialists or daycare regulation experts, to further support your claims.

Negotiate a Child Injury Settlement

In many personal injury cases, parties involved will attempt to reach a settlement before trial. Your attorney will represent you in negotiations with the daycare center’s insurance company or legal representation. Our law firm will work to secure a fair and just settlement that compensates you for your child’s injuries, medical expenses, pain and suffering, and any other damages you have incurred.

Your attorney will advise you on the settlement offers received and help you make informed decisions. We will use our 35-plus years of experience in helping injured children and knowledge to negotiate on your behalf and ensure your child receives the maximum compensation possible.


If a settlement cannot be reached or it is not in your best interest to accept the offers presented, Our Houston child injury attorney will prepare your case for trial. We will gather all necessary evidence, interview witnesses, and develop a strong legal strategy to present in court.

Our attorney will present your case to a judge or jury during the trial, arguing for your rights and seeking justice for your child’s injuries. They will cross-examine witnesses, present evidence, and deliver compelling arguments to support your claims.

Recovery and Beyond

Following the trial, if you successfully obtain a favorable verdict, your child will receive compensation for your child’s injuries and damages. Our Houston daycare negligence attorney will work with the court-appointed ad-litem to safeguard your child’s money until they become adults.

After the case is resolved, your attorney will still be there for you. They can help you navigate any legal or financial issues that may arise due to the accident. They can also provide guidance on how to move forward and help you access any necessary resources for your child’s ongoing recovery.

In addition, your attorney may be able to recommend support groups or other resources that can assist you and your child cope with the emotional and physical aftermath of the accident. They understand that the healing process extends beyond the legal aspects of the case and are committed to supporting you every step of the way.

Get an Experienced Child Injury Lawyer

When your child is injured at a daycare center, it is a devastating and traumatic experience. As a parent, your priority is to ensure your child’s well-being and get them the help they need. Hiring a top-rated personal injury attorney can make all the difference in achieving justice for your child and obtaining compensation for their injuries.

A skilled attorney will guide you through the legal process, gather evidence, negotiate a fair settlement, and, if necessary, represent you in court. They will fight tirelessly to protect your child’s rights and ensure those responsible for the accident are held accountable.

At Baumgartner Law Firm, we have represented children hurt at a daycare for over 35 years and have never lost a case.  Call our child injury law firm for a free consultation.

If your child is injured in an accident, don’t wait to get the help you need. Contact Baumgartner Law Firm today for a free consultation.

If you need a top-rated personal injury attorney in Houston, do not hesitate to ask for help. Your child deserves justice; a trusted attorney can advocate for this challenge.

Contact a Child Injury Lawyer at Baumgartner Law Firm for Help!

For answers or help about a daycare accident or other child injury case, contact Baumgartner Law Firm in Houston. Call (281) 587-1111.

Baumgartner Law Firm

6711 Cypress Creek Pkwy, Houston, TX, 77069

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Baumgartner Law Firm Practice Pages:

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Truck Accident Lawyer

Texas Personal Injury Lawyer

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About Our Law Firm

Baumgartner Law Firm is a Houston personal injury law firm headed by Greg Baumgartner.

Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident in Houston, TX, contact us for a free, no-obligation consultation. (281) 587-1111.

Helping these areas around Houston

Houston, Sugar LandConroeThe WoodlandsCypressSpring, Humble, Katy,  Atascocita, Kingwood and Tomball.