Houston Daycare Accident and Child Injury Lawyer

Was Your Child Injured at a Daycare Facility?

A daycare injury can be a parent’s worst nightmare. We understand that parents of a child injured at daycare are understandably upset.

When your child gets hurt, it can be hard to know what to do next. You might not even know if you have a case or how much compensation you’re entitled to for medical bills and pain and suffering.

If you find yourself in this situation, a daycare injury lawyer can help you figure out your best course of action for seeking compensation.

Baumgartner Law Firm is here for you when your child has been hurt at daycare. We’ll walk with you through the process of filing a claim and getting the help that’s deserved so that your family can heal together.

For more than three decades we’ve helped many families get the compensation they deserve. We are here to help you too. For a no-cost consultation, call us today at (281) 587-1111.

Can I Sue if My Child Gets Hurt at Daycare?

Yes, if your kid was hurt at a daycare center as a result of the carelessness or negligence of the staff. We’ve been defending parental rights for over three decades and have had numerous six and seven-figure settlements.

We have never lost a case against a daycare center, and our success is due to the large number of children we’ve assisted as well as the severity of the injuries. We do not take very minor injury cases.

Why Hire Baumgartner Law Firm? 

Talk with a Top-Rated Daycare Injury Lawyer in Houston

One of the most vital decisions regarding protecting your child’s financial future after a daycare injury is who you pick to represent you. The earlier in the process, you hire a daycare injury lawyer, the better. Our preeminent rated daycare injury lawyers have been recognized among the best child injury lawyers in Texas.

• Decades of Daycare Injury Experience

Our daycare injury attorneys have handled numerous severe injury and wrongful death cases stemming from daycare neglect and negligence. We have a proven track record and a long list of satisfied families.

If your child died at a daycare center, we have experience winning record wrongful death cases from daycare negligence.

Because we help so many families after their child has been injured at a daycare center, we have the experience, reputation, and know-how to help your family.

• No Upfront Cost to the Family

We accept we handle every daycare injury case on a contingency fee basis. That means we charge you nothing out of pocket and only get paid if we get money for your child.

And because we are representing the interests of the child, our fees are typically reduced from our normal fees. A court must approve all expenses and charges before we can be paid.

Proving a Case against a Daycare Provider

Just because your child got hurt while at daycare does not necessarily mean that you have a case against the provider. You must establish that the provider breached its duty of care and was negligent. It may help if the daycare received a violation for the incident or for other similar incidents in the past.

However, Child Care Licensing tends to focus on what the daycare managers say and that may not necessarily be what happened!

You will need to build a case against the provider by gathering as much evidence and documentation as possible. An attorney with experience handling daycare injury cases is immensely beneficial in resolving your case.

A qualified daycare injury attorney will be able to successfully investigate the case and do what is needed to bring the case to a satisfactory resolution. Our lawyers have won numerous cases involving daycare neglect, including high six and seven-figure settlements.

Daycare injury cases can be complicated. It is in your best interest to seek guidance from a Houston personal injury attorney as soon as possible following the injury.

The law typically allows up to two years to file a legal claim but with minors involved the statute of limitations can be tolled for the minor’s personal injury (excluding past medical expenses, however). If you wait too long the evidence in the case may be compromised. Do not delay- call us today! (281) 587-1111.

What is Inadequate Supervision at Daycare?

Inadequate supervision is one of the most common causes of daycare center kid injury. Failing to supervise children properly is a form of daycare negligence. Failure to supervise is negligence in childcare. Typical accidents linked to lack of attention include;

• Falls
• Baby Walkers
• Burns
• Marks, bruising, scrapes, and broken bones.

Younger children are more prone to injuries since they are less experienced and have less coordination than older kids. A serious or catastrophic injury can result from the actions of an employee at a daycare facility if he or she is irresponsible. The first step in obtaining compensation for your kid following negligence at a daycare center is to contact a daycare injury lawyer.

Recent Daycare Negligence Cases at Baumgartner Law Firm

Although every child injury case is different and the facts of each case must be analyzed independently, here are some examples of cases we have won:

• A worker changing a baby’s diaper steps away, and the baby falls.
• A child was left in a hot van and died.
• A child ingested a harmful chemical.
• A caregiver leaves the room, allowing a child to climb and fall.
• A child is burned with hot water when the caregiver was not watching.
• Two children engage in rough play, and one gets injured.
• The center allowed children to play on age-inappropriate play equipment.
• Appropriate safety equipment was not used, and a child was severely hurt.
• The daycare center failed to childproof the facility.
• A daycare facility did not have enough caregivers leading to an injury.

Merely failing to adequately control children can lead to extremely serious injury by the child. Calling a Houston daycare injury lawyer should be done asap.

Each of these examples is daycare workers being negligent. The facility is required to follow the safety regulations and is legally responsible for the negligent actions of its employees. A daycare center can be sued for its negligence in hiring incompetent employees or other acts.

Suing a daycare for negligence is not a quick process. Call our Houston daycare injury attorneys for a free consultation if your child is hurt at daycare and has a serious injury.

Most of our daycare injury lawsuits are settled after we prove your case. We prove negligence by knowing the daycare laws and our injury litigation expertise. We have the experience and track record of winning you need.

Current Texas Daycare Injury Facts?

According to the United States Department of Health and Human Services, “Based on data gathered from 39 states, 5,321 daycare providers were found to be perpetrators of abuse or neglect.“ 

In 2020 more than 644 children were injured at a daycare center in Texas seriously or near-fatal.

While many daycare providers were safe and careful, inadequate supervision, neglect, and abuse at childcare facilities are significant problems across the country. Daycare employee negligence and failing to supervise children are the leading causes of child injury at daycare centers in Texas.

What is Texas Law for Daycare Centers?

The Texas Department of Family and Protective Services regulates daycare facilities. This agency inspects facilities ongoing for compliance with regulations, investigates accidents and suspected abuse, and maintains a hotline to report abuse anonymously -1 (800) 252-5400.

State regulations mandate strict supervision of children at daycare facilities.

Supervising includes responsibility for the ongoing activity of each child, appropriate visual and auditory awareness, physical proximity, and knowledge of activity requirements, and each child’s needs.”

Stricter laws govern the supervision of infants. Generally, infants need to be watched to ensure they are not hurt. If your child has been severely injured at a daycare– call our daycare injury lawyers to discuss your family’s rights. We will discuss your child’s situation and explain how we win cases against daycare centers and providers.

What are Texas Requirements for Daycare Centers?

In a nutshell, here is a short summary of the daycare centers obligations:

• Proper supervision of children and babies
• Special procedures for infants and special needs children
• Age-appropriate games and sporting activities
• Qualifications of staff
• The ratio of caregivers to children
• Training of staff
• Sanitation
• Diet

What is Child Protective Services Role After an Injury at a Daycare?

With more serious daycare accidents, Child Protective Services (CPS) will probably be notified and investigated to protect the child from further harm. CPS will look for a rule violation by the daycare center. Even if CPS finds a rule violation, usually a slap on the wrist is all the daycare center will get.

Commonly, a child is injured, and the CPS finds no rule violation by the daycare center. Fortunately, the Child Protective Services findings are not binding upon the injured child’s parents. We had won many daycare accident cases when Child Protective Services did not cite the center for a rule violation.

If the daycare disputes that an accident occurred on the premises, CPS will interview the parents. In Texas, CPS is in charge of daycare investigations.

Choosing an attorney with a substantial track record in handling daycare negligence cases should be a top priority for you. We have handled hundreds of daycare negligence lawsuits and obtained millions for our clients.

There is NEVER a charge for an initial consultation about a daycare injury. Call us at (281) 587-1111 or click here to request a consultation.

What Are My Rights When My Child is Injured at a Daycare?

Parents have the option of pursuing a personal injury lawsuit on behalf of their minor child if he or she is hurt at a daycare center as a result of negligence or lack of supervision.

Generally, a personal injury lawyer must prove that the daycare employees acted negligently and that the defendant’s negligence caused the injury or death.

Wrongful death lawsuits, like any other personal injury lawsuit, require the same degree of proof. After a kid’s death, parents may file wrongful death claims for compensation for their losses such as medical expenses or lost income.

However, Texas courts take the responsibilities of a minor seriously and always strive to ensure that minors are treated fairly and their best interests are protected. Also, we typically charge a reduced fee when we represent minors. It is just the right thing to do!

What are Settlement Options with Minors in Texas?

Usually, the court will order the minor’s money to be held in the registry of the court until the child turns eighteen. Another option for dealing with the child’s injury money is to buy an annuity from a reputable insurance company to pay the proceeds to the minor later in life. An annuity option is a preferred option for larger daycare lawsuit settlements.

What are Time Limits on Claims Against Daycare Centers?

The parents’ claims are generally subject to the two-year statute of limitations in Texas. Typically, parents claim medical treatment for their children before they reach 18.

The statute of limitations for the claims of the minor (personal injury damages) may start in Texas when the child turns eighteen, giving children until they are twenty to pursue some damages.

Parents should discuss both statutes of limitations with a daycare negligence attorney to understand the period to file and the damages they may seek.

However, delaying the initial investigation or filing a lawsuit can make a case much more complicated and sometimes impossible to prove because of losing evidence and witnesses and the status of the daycare facility. Plus, delay can limit damages available to the family.

What Should I Do After My Child is Injured at a Daycare?

If your child is injured in a daycare accident, you should take the following steps:

• The first step is to look out for the health and safety of your child.
• Making a personal injury claim against a daycare center for an injury to your child is handled the same way as other personal injury lawsuits. The exception is when the case is settled or funded.
• Call our daycare injury law firm for a no-obligation consultation about your rights and options- (281) 587-1111!

*Collect Evidence

Try to collect vital evidence as soon as you learn about your child’s injury at the daycare facility. In Texas, parents must sign an incident report provided by the daycare center shortly after the injury. The report is required to ensure that the center notifies the parents of the incident.

Keep the incident report and all other documents you signed or filled out with the daycare center. Also:

• Ask for all videos of the incident.
• Keep notes of the personnel’s responses to your questions about what happened and if there is a video.
• Put everything that you collect into a folder.
• Keep business cards, especially medical bills, and records provided to you by the hospital or any medical providers.

We do not require that you organize the information when you meet with us, simply bringing everything. Click here to schedule a consultation!

*Take Photos or Video

Photograph your child and even video if appropriate. The saying that “a picture is worth a thousand words” applies in personal injury litigation. It is much more powerful to show the adjuster or a jury the impact the injury has had on your child. Keep all photographs and videos digitally. Please provide us with the pictures and videos so we may preserve them on our system.

You will want to document the injuries with these photographs or video or both:

• at the scene or soon as you can take the photographs
• pictures of the area where the injury occurred
• document visible injuries on your child
• take subsequent photos during the recovery time.

Keep the dates of the photographs for organization and trial presentation purposes.

What to do When The Daycare Won’t Cooperate with You?

When you try to obtain a video of the incident or a more thorough evidentiary basis for the accident from the daycare center, they frequently will not comply.

While daycare must produce an incident report in Texas, we have found repeated examples of the report not reflecting how the accident occurred. If you have trouble with the daycare center getting the information, we can help.

Getting an undefeated daycare negligence lawyer with over three decades of experience is a good choice.

Fighting for Children Injured at Daycare for Over 35 Years

At Baumgartner Law Firm, we have been fighting for the rights of children injured at daycare for over 35 years. We know what evidence is needed to prove your case and will work tirelessly to ensure you receive the maximum damages available.

Our track record of success for Texas children is exceptional. We have handled claims from wrongful death to broken bones and have numerous 6 and 7 figure settlements. Our daycare injury lawyers have been recognized as among the best in the country. And we care!

What Types of Daycare Injury Cases do We Handle?

Because the legal requirements for settlements with minors is complex, we focus on serious injury cases. Some of the cases we handle are:

• Fractures and broken bones
• Cuts
• Dislocations
• Poisoning
• Surgical intervention
• Severe burns
• Other serious injuries
• Wrongful death

Other attorneys routinely refer to daycare injury cases because of our experience in winning daycare negligence lawsuits and obtaining huge settlements for the injured child.