Personal InjuryWhat to do if Your Child is Hurt at a Daycare Center
Report the Incident
The daycare facility should contact you immediately when your child is hurt. Make sure that the manager fills out a report to document the incident. It’s challenging to discover what happened, especially when the injured child is young. Talk to the teacher in charge when the accident occurred. You want to learn as much as you can about the cause of the injury. Ask what the daycare provider did following the injury. If the injury was severe, the provider should seek immediate emergency medical treatment. You may need to file a police report and submit a complaint to Texas HHS.
Who Regulates Daycare Centers in Texas?
Texas daycare centers are regulated by the Texas Department of Family and Protective Services (DFPS). Texas Administrative Code provides minimum standards that must be followed by daycare facilities. Daycare providers must meet the minimum standards in order to obtain and keep their child care license. The provider must maintain a safe environment for children at all times and there must be a proper ratio of staff to children at all times. Daycare providers must submit a report if a child is hurt while in their care. If the provider was negligent and failed to provide the proper standard of care, they may be responsible for the injury at the daycare.
What to do After Your Child Gets Hurt
Young children may not be able to communicate what happened, and therefore, you have only the daycare provider’s account of the accident. There are some things you can do immediately following the incident to help prove that the daycare provider was negligent. Take photos of the location where the incident occurred and take photos of your child’s injury.
Request camera surveillance footage to review so you can see what actually occurred. Make a note of the employees who were on duty, the name of the on-duty manager, and the number of children that were present at the time of the incident. Keep medical records and bills from all doctor and emergency room visits and follow-up care.
Do not be surprised if the daycare center does not want to provide you with the information you request. They typically have attorneys who will handle any accidents that occur, and they can make things difficult. It is best to get help from a qualified personal injury attorney with experience dealing with daycare injuries.
Investigation and Legal Options
The law requires the daycare center to provide you with a written report of the accident and submit the report to DFPS. DFPS will conduct an investigation to determine what occurred. They may issue a violation based on their findings. You may be entitled to compensation for your child’s injuries, including medical costs and money for pain and suffering, if applicable. A skilled Houston personal injury attorney will assist with the process and will help gather evidence to prove your case.
Talk to a Houston Daycare Injury Attorney
If the injury was caused by negligence by the daycare provider, your child might be owed compensation for damages. The provider may be held responsible if they failed to provide proper supervision, for instance. Unsafe facilities could have caused the accident. For example, if the carpeting is torn and the child tripped and fell, the provider may be negligent. Many accidents are preventable. If the daycare provider knows that a dangerous condition exists and doesn’t fix it, they could be negligent and might be responsible for the damages.
However, the most significant cause of injury at daycare is the provider failing to supervise the children adequately.
It is best to talk to a lawyer as soon after the accident as possible. Speak with a daycare injury lawyer by calling (281) 587-1111.
Need am Attorney for Daycare Injury
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.
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.
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.
Should I Take?
Take Photos Of The
Other Driver's License
Damage On Both Vehicles
License Plate Of
Insurance Policy Of Other Driver
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.
- Internal Bleeding
- Broken Ribs
- Punctured Lungs
Whiplash is caused by a sudden forward or backward jerking motion of the head, which can damage the intervertabral joints, discs, ligaments, cervical muscles and nerve roots. Symptoms of whiplash manifest in neck pain, dizziness, sleep disturbances, fatigue, headache, lower back pain and sometimes numbness in the arm or hand.
Internal bleeding is caused by blunt trauma, and varies depending on the forces involved and the individual. It cannot be seen outside of the body, and it may occur within organs, tissues and body cavities including the abdomend, chest, spinal canal and head.
It takes aproximately 4,000 Newtons (measurement of force) to break or crack a rib. The symptoms of a broken rib include pain while breathing, applying pressure to the area, and when you bend or twist your body. Ribs are often broken by the force of the seabelt during deceleration of the vehicle during a crash.
Puncturing a lung can be a serious injury. In a punctured lung, air gathers between the lungs and the chest cavity. The pressure build up makes it impossible for the lung to expand. Symptoms include coughing blood, chest pain, difficulty breathing, dizziness and headaches.
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
Find Your Insurance Company Contact Info
American Family Auto Insurance
Claim Reporting Number: 1-800-692-6326
Online Claim Portal: Go to site
Learn Fault Factors
How Fault Is Determined
Were you speeding? Nearly one-third of all car accidents can be attributed to speeding.
Was anything obstructing your view? Over half of all states have windshield obstructions laws.
What were the weather conditions? Slippery roads can reduce traction and cause you to lose control of the vehicle.
Who had the right of way? The law gives the right of way to no one, but it does state who must yield (give up) the right of way.
What were the Traffic Conditions? Crashes of all types are at their highest Monday through Friday between the hours of 4:00-6:00 p.m.
Were you distracted? (Radio, Phone) Distracted driving is any activity that diverts attention from driving.
Were you wearing a seatbelt? Seat belt use is one of the most effective ways to save lives and reduce injuries in crashes.
Was a citation given out? In most instances, any driver violating traffic law will be held largely responsible for a resulting car accident.
Pro Tip: Do not give any recorded statements until you have the opportunity to consult with legal counsel.