Discovering that the state investigation into your child's daycare injury resulted in no deficiencies or citations can be extremely frustrating. In such cases, it's crucial to understand the reasons behind the lack of findings and explore alternative avenues to ensure justice and accountability.
The short answer: A lack of findings from the state doesn’t mean your legal options are exhausted.
Understanding No Findings:
When the state finds no violations, it means they did not uncover enough evidence to establish administrative violations on the part of the daycare facility or caregivers. This lack of conclusive evidence can result from various factors, including the preponderance of evidence, lack of cooperation from the daycare facility, or the nature of the incident.
Possible Reasons for No Findings:
Let’s discuss the three most common reasons that the state investigation comes back with no findings:
The first reason is insufficient evidence. Proving administrative violations requires a preponderance of the evidence, which means that the allegations are more likely to be true than not true. If such evidence is lacking, the state may be unable to make conclusive findings.
The second reason is the daycare facility's lack of cooperation. The state may not have been provided with all of the evidence during the investigation. One example would be a daycare facility not turning over video footage, leading to an incomplete incident assessment.
The third reason is the nature of the incident. If the daycare injury resulted from an incident without any clear evidence of wrongdoing on the caregiver’s behalf, it could contribute to the lack of findings.
However, this doesn't mean your options are exhausted.
What Do I Do if the State Didn’t Have Findings After Their Investigation?
Here are the steps we recommend parents take after the state investigation results in no findings.
Step one, make sure to obtain a comprehensive medical examination of your child to document the extent of their injuries. This step is crucial for establishing a connection between the daycare incident and your child's injuries, serving as valuable evidence in a potential legal case.
Step two, obtain a copy of the state's investigation report and any related documentation. Even if the state found no violations, your legal team can analyze the investigation report to uncover information for your potential legal action.
Step three, consult with an experienced daycare injury attorney, like those on our team at The Button Law Firm. Our team can provide personalized resources and guide you through the process of pursuing legal action against the daycare facility.
If the state investigation yields no findings, we may conduct an independent investigation, gather witness statements, and collect additional evidence to support your case.
Be mindful of the statute of limitations for daycare injury cases in Texas. The Texas statute of limitations for daycare injury cases is typically two years from the date of the incident.
The Button Law Firm can provide timely advice, ensuring you are within the limited timeframe to take legal action. Remember, the lack of state findings does not prevent you from seeking justice through the legal system.
The Importance of Seeking Legal Advice:
Regardless of the state's findings, it is a good idea to consult with a personal injury attorney, especially one experienced in daycare injury cases. The Button Law Firm, renowned for its experience in such matters, can provide a fresh perspective on the case. Our attorneys can independently assess the evidence, determine if there are grounds for pursuing legal action against the daycare facility, and guide you through the legal process.
Contacting The Button Law Firm After a Daycare Incident
If you find yourself in a difficult situation where the state investigation yields no findings after your child's daycare injury, don't hesitate to reach out to The Button Law Firm. Our experienced attorneys are ready to provide the support and guidance you need. Contact us today at (214)699-4409 or by filling out the contact form at the bottom of this page for a confidential and free case evaluation to explore your legal options and secure justice for your child.
Remember, you have the right to seek accountability, and The Button Law Firm is here to keep you and your family moving forward.
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