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How Do Lawsuits Against Daycare Providers Work?

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Was Your Child Injured at Daycare in Texas?

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What Are Punitive Damages?

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The Claims Handling Process

At your child has been injured at a daycare center, you wonder what you can do about it? We have been helping Houston families sue daycare centers for over three decades. 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 taken to protect the minor.

Personal Injury

How Do Lawsuits Against Daycare Providers Work?

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 make sure it represents the real interests of the child. If this case is settled, a hearing will be set in front of a judge. The judge will appoint an independent attorney paid for by the defendants to advise the court on the fairness of the settlement relative to the minor’s interests. Our daycare injury lawyers have been winning maximum damages in daycare cases for over three decades. Don’t settle for less!

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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 fairness of the settlement. 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 will also review the medical records, and the allegations, and other relevant material. The ad litem will speak with the attorney for the family, 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:

  • deposit the money into the registry of the court.

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

The benefit of this choice is that it is the script straight and straightforward up 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.

  • Purchase an annuity.

Purchasing 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 the 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 were 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 long do daycare lawsuits last?

Most lawsuits against daycare centers in Houston settle. But 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. If the case is settled before litigation, funding will still take at least two months due to the necessity of filing a lawsuit and going through the procedure with the ad litem set forth above.

If your child was injured at a daycare center, contact our daycare injury lawyers at Baumgartner Law Firm. Call 281-587-1111.

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Houston Car Accident Claims:From Start To Finish

An Interactive Guide


You hear metal crumpling. Someone just hit your car. Maybe they ran a red light or lost control of their vehicle. Maybe you were rear-ended by a teenage driver on her cellphone.

Either way, you’re angry and frustrated. You have things to do. Places to go. But now, you're standing beside your damaged vehicle waiting for the police to arrive. You start to feel some neck pain.

All that to say: A single, unexpected moment changed everything.

A car accident can strike at any time. Whether you are on your way to work or headed to the store, it doesn’t matter. It’s moments like these that cause the government to require everyone to buy insurance.

A Guide For All Car Accident Victims

In this guide, you will learn:

  • How To Handle Yourself When Disaster Strikes
  • How To Ensure The At-Fault Insurance Company Covers Any Property Damage And Injury Expenses.
  • What Injury Lawyers Do And How They Can Help You.
Go To Step 1

Get To Safety

Prevent Further Damage & Injury

If you find yourself in the middle of the intersection or on the freeway, you first priority is to move all persons (and vehicles if possible) out of the way of oncoming oncoming traffic.

Houston road illustration

Survey The Damage

Call The Police + Gather Evidence

After getting to safety, you should immediately dial 911. Make sure to alert the dispatcher if there are any serious injuries.

As you wait for help to arrive, you have 3 goals:

  • Identify Extent of Injuries
  • Identify Witnesses
  • Identify Vehicle Damage

Pro Tip: Use your cell phone to record a statement from the other driver, as well as to store contact information for the other driver and any witnesses.

What Type Of Photos
Should I Take?

Get Medical Help

Your Health Is #1

After emergency help arrives, it is important to seek medical treatment. Even if you don’t feel injured, it is important to get checked out for any internal injuries.

Be sure to go in for any follow-up checkups or procedures.

Pro Tip: If you wait before seeking medical treatment, the at-fault insurance company may argue that your injury wasn’t serious and that you don’t deserve compensation for medical expenses.

Common Internal

  • Whiplash
  • Internal Bleeding
  • Broken Ribs
  • Punctured Lungs

Hire An Injury Lawyer

Save Time. Get Compensated.

Hiring an injury lawyer after a serious accident is one of the best things you can do. Injury lawyers take care of all communication and negotiation with insurance companies. This frees up your time to focus on recovering.

At our law firm, we offer free initial consultations to all Houston residents. Just fill out our contact form — or give us a call to schedule a convenient time for you. We’ll listen to your story and offer our advice.

Pro Tip: Never accept a settlement without consulting a lawyer, especially if injury is involved. Once you accept a settlement, you can never recover anything further in the future.

Time Is Of The Essence


In most cases, you have 2 years from the date of the accident to file a lawsuit. This is called the Statute of Limitations.

Certain exceptions can extend and/or shorten a limitations period.

If the victim is a minor, the limitations may be extended until they are 18 years old.

If you are in an accident caused by a governmental entity in Texas, the statute of limitations may be much shorter — ranging from a few months to six months.


File Your Claim

Notify Your Insurance Company

It is important to notify your insurance company about the accident as soon as possible.

Many insurance companies allow you to file your claim online. Otherwise, call the number listed on your insurance card.

Be sure to keep track of all adjuster names and contact information.

Pro Tip: There may be multiple active insurance policies that can cover you. For example, if the other driver didn’t have insurance, your own Uninsured Motorist coverage could kick in. An experienced attorney can help identify these policies & maximize your recovery.

Find Your Insurance Company

Learn Fault Factors

Pro Tip: Do not give any recorded statements until you have the opportunity to consult with legal counsel.

Schedule a Free Strategy Session

Been in an accident? We’re here to help. Fill out the information below to arrange a free consultation

Interactive Car Accidents Form

  • MM slash DD slash YYYY
  • This field is for validation purposes and should be left unchanged.

Get To Safety
Survey The Damage
Get Medical Help
Hire An Attorney
File Your Claim
Go to Step 2