(281) 587-1111
practice area background

What to do if Your Child is Hurt at a Daycare Center

Click for a Free Consultation
practice areas video 1

Was Your Child Injured at Daycare in Texas?

practice areas video 2

What Are Punitive Damages?

practice areas video 3

The Claims Handling Process

When you drop your child off at a daycare center, you trust that the providers will take care to ensure the health and safety of your precious little one. Unfortunately, children can and do get hurt while they are at childcare facilities. The facility is required to provide proper care, and if their staff members are negligent, they could be held responsible for your child’s injuries. If your child was hurt while at a daycare center, you are probably extremely upset and angry. So, what do you do next?

Personal Injury

What 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.

AVVO Logo - Rating 10.0
LC Lead Counsel Logo
The National Trial Lawyers Top 100 logo
The National Trial Lawyers, Top 100 Trial Lawyers  logo
2018 Martindale Hubbell, Peer Rated logo for ethical standards and legal ability
Bar Registered or Preeminent Lawyers logo
 BBB Logo - rating A+
Super Lawyers Logo

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.
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