How Do Lawsuits Against Daycare Providers Work?

How to Sue a Daycare for Child Injury?

What You Need to Know About Lawsuits Against Daycare Centers in Texas

Here is what you need to know about lawsuits against daycare centers. Lawsuits against daycare centers are identical to other personal injury lawsuits in Texas. The exception comes when the case is settled. Upon settlement, the lawsuit procedure invokes specific actions to protect the minor.

The damages are the children’s

Texas courts take extraordinary steps to protect the interest of an injured child. The rationale for the law in Texas is that a child is too young to protect their own interests, so the judge oversees the settlement to ensure it represents the child’s real interests. If the case is settled, a hearing will be set before a judge.

The judge will appoint an independent attorney called an ad litem, paid for by the defendants, to advise the court on the fairness of the settlement relative to the minor’s interests.

Our Houston daycare injury lawyers have been winning maximum damages in daycare cases for over three decades. In over 35 years, we have never lost a daycare injury case. If you want to bring a lawsuit for a child, call us. Don’t settle for less. Get the best!

What is ad litem?

Ad litem is an attorney with one role in a child injury lawsuit. That role is to protect the children’s interests by advising the judge of their feelings regarding the settlement’s fairness. Typically, the lawyers are trained specially for dealing with minors and incompetent’s interests.

Ad litem will meet with the family and the daycare negligence attorney and review the medical records, the allegations, and other relevant material. The ad litem will speak with the attorney for the family and determine the fairness to the child.

What happens to the money?

There are two popular options for handling the child’s personal injury damages. Those options are:

1. Deposit the money into the registry of the court.

If the money is deposited into the court registry, the funds will remain in the court’s bank account in the child’s name until the child reaches 18. Upon turning 18, the child can go to the district clerk, provide evidence of who they are, and obtain a check for their settlement money.

The benefit of this choice is that it is a straightforward procedure. Often, this is an avenue selected when the proceeds are relatively minor. The downside of this arrangement is that the interest accruing is small, and the money goes to an 18-year-old who may not have the maturity to save the money. There’s a high chance that the child would get the money and blow it.

2. Purchase an annuity.

An annuity is buying an insurance policy for the child that pays specific amounts of money at predetermined dates. There are several benefits to choosing an annuity for child settlement money. The first benefit is it pays a higher rate of return than depositing into the registry of the court.

The parents and the ad litem can agree upon how the money is paid off over time. An annuity keeps an 18-year-old child from having access to a large sum of money when they are 18 years old. This choice also gives very flexible options for payment.

One popular payment plan includes funds for college and then lump sums at specified years and over time. However, the money can be paid out in about any way that the family wants.

How do you prove negligence against a daycare?

It is up to the attorney you hire to prove fault on the part of the daycare facility. Fault or negligence can be proven by showing the center violated a rule or regulation or acted unreasonably in the care of your child.

Failure to closely supervise is a common method our daycare injury lawyers use to prove fault.

Also, the daycare may have been negligent and grossly neglectful in some cases, leading to a punitive damage claim. If your child was hurt at a daycare center in Texas, call our experienced attorneys for a free consultation. Call (281) 587-1111!

How long do daycare lawsuits last?

Cases that settle early can be funded within three months of settlement. The money is usually either deposited with the court when the child turns 18 or used to purchase an annuity for later payment to the child. The delay is to file a friendly lawsuit and have an ad litem appointed as outlined above. Cases involving severe injury can take much longer and almost always involve a lawsuit to get fair compensation for your child.

Most lawsuits against daycare centers in Houston settle. However, when the injuries are significant, a lawsuit is usually required to obtain fair compensation for the child. Personal injury lawsuits in Harris County can last for two or more years. Most are resolved before then.