How Long Do I Have to File a Daycare Negligence Claim in Texas?

What If My Child Passed Away? How Long Do I Have to Hold the Daycare Center Accountable?

In tragic instances where a child dies because of daycare negligence, Texas law also gives parents two years to file what’s called a wrongful death claim. This deadline, found in Texas Civil Practice & Remedies Code § 16.003(b), starts the two-year “clock” on the date of the child’s death, not the date of the injury if they are different.

Are There Exceptions to These Legal Deadlines in Texas?

Yes, Texas laws allow for some exceptions, which are also called tolling rules. These rules pause or extend the statute of limitations.

A few examples include:

• Concealment: If a daycare center tries to cover up or hide what really happened to cause your child’s injury, the law may give you more time.
• Discovery Rule: If your child suffered a daycare injury that wasn’t immediately obvious, such as sexual abuse or a brain injury, the clock may start when the harm is discovered.
• Minor Children: If the injured child is under 18, the clock for their personal injury claim may not start until they reach adulthood. In other words, the two-year deadline often doesn’t begin until their 18th birthday.
• Special Circumstances: Claims against government-run daycare centers or situations involving incapacity can have different timelines.

Because these exceptions are fact-specific, it’s always best to check with an experienced daycare injury lawyer like our team at The Button Law Firm.

How Does the “Minor Child” Exception Work?

This exception can be confusing. In general, Texas law gives children extra time to bring their own claims. For example, if your child is 10 years old when they are injured at a daycare center, they might have until age 20 (two years after turning 18) to file their own claim.

However, your deadline as their parent to take legal action for damages, such as medical bills, must be filed within the normal two-year deadline. That means you shouldn’t wait to explore your options just because your child is young when they are hurt at a daycare center.

What Happens If I Miss the Filing Deadline?

If the statute of limitations runs out, the daycare center or its insurance company can ask the court to dismiss the case. In most situations, the court will agree. That means your family could lose the chance to pursue justice forever.

That’s why we recommend contacting our team of experienced daycare injury lawyers.

Contact The Button Law Firm After a Daycare Injury

We understand it’s incredibly hard to think about taking legal action when your child has been seriously hurt, or even worse, killed, because of a daycare center’s negligence. But it’s important not to wait too long. Legal deadlines in Texas can sneak up quickly, and daycare injury cases are often complex. In the meantime, critical evidence can disappear. For example, video footage may be erased, caregivers may move on to other jobs, and memories of what happened can fade. Acting sooner helps protect your child’s case and keeps the door to justice open.

Our team has advocated for families across Texas to hold negligent daycare centers accountable and help them move forward. Call us at 214-699-4409, email intake@buttonlawfirm.com, or fill out our online form for a free case evaluation.