Types of Damages in Texas Daycare Injury Lawsuits Explained

When your child is hurt at a local daycare center, your number one priority is making sure they’re safe and getting the care they need. But as the days go by, you may start asking yourself hard questions: How did this happen? Who is responsible? And what can be done to help address the impact of my child’s injuries?

These questions often lead parents to wonder about damages, a legal term that describes the types of recovery a family may be entitled to receive through a daycare injury lawsuit. Understanding damages is an important step in holding a negligent daycare center accountable for harming your child and securing the resources your family needs to move forward.

Our Texas daycare injury lawyers at The Button Law Firm focus on helping families navigate daycare injury cases. We know how overwhelming it can feel for a parent when their child is hurt in a place they trust. We’re here to help answer questions that will give you a better understanding of your rights and options after a daycare injury.

What Are “Damages” in a Daycare Injury Lawsuit Filed in Texas?

In Texas personal injury law, damages are the financial recovery awarded to the plaintiff, the person who has suffered harm because of another person’s or a company’s negligence. A daycare injury lawsuit could include a daycare center, its caregivers, and staff members. Damages are designed to make the injured child and their family “whole” again by covering both tangible costs, such as medical bills, and intangible costs, which include mental and emotional trauma, pain, and suffering.

For parents, understanding damages can help them see the bigger picture of how their child’s daycare injury may impact their life for years to come.

What Are Common Daycare Injuries That May Lead to Damages?

Daycare negligence occurs when a daycare center or its caregivers fail to follow Texas childcare laws, also known as the minimum standards. When you place your child under the watch of a daycare center, and the center breaches its duty to keep your child safe, severe injuries can occur.

The most common scenarios we see at The Button Law Firm include:

Burn Injuries: Harsh cleaning products left on nap mats or changing tables, or bottle warmers not being monitored and stored correctly, can be knocked over by a child and can result in painful burns.
Choking Incidents: Small toys, age-inappropriate foods, or a lack of attention during mealtime can result in serious harm or even brain damage.
Drugging and Improper Medication Incidents: Unqualified caregivers bringing illegal drugs into daycare centers or administering melatonin to calm kids down and make it easier to care for them can result in a child experiencing a severe allergic reaction, seizures, or death.
Falls from Playground Equipment: Improper supervision or broken playground equipment can lead to head injuries, bone fractures, or spinal cord injuries.
Physical Abuse and Inappropriate Discipline Methods: Sadly, some daycare injuries are caused by a caregiver intentionally harming a child. We have also seen instances where caregivers use unapproved discipline methods such as corporal (aka physical) punishments that can leave kids with bruises, head, or elbow injuries.
Vehicle-related Incidents: Children can face serious risks if they are left in hot daycare vans, not properly secured in car seats, or left unsupervised during the busy drop-off and pick-up times at the center.

Each type of daycare injury has unique medical and emotional consequences for a child, which can affect the types of damages parents can seek in a lawsuit or claim.

What Tangible Financial Losses Can I Cover with Economic Damages?

Economic damages are the measurable costs that your family needs to pay to treat your child’s daycare injury. These can include:

Medical Expenses: Emergency room visits, hospital stays, surgeries, follow-up care, prescriptions, and rehabilitation fall into this category. If your child requires ongoing treatment such as physical therapy, play therapy, or counseling, those costs may also be recouped.
Future Medical Care: Severe injuries such as traumatic brain injuries (TBI) or spinal cord injuries, may require lifelong care. Texas laws allow parents to recover damages for any anticipated future expenses related to your child’s daycare injury.
Out-of-Pocket Costs: Parents often face unexpected costs after a child’s daycare injury. Things like transportation to medical facilities, modifications to the home to accommodate a wheelchair, or hiring extra childcare for siblings are essential to your child’s recovery, but the costs can add up. These expenses can be included in your family’s claim.

What Other Damages Can My Family Pursue in a Daycare Injury Lawsuit?

While economic damages cover the bills you can track, noneconomic damages cover the intangible ways an injury affects your child and your family. These can be just as significant:

Pain and Suffering: Children often endure severe physical pain after a daycare injury, from broken bones to burn injuries. Damages can help acknowledge a child’s suffering and provide resources for comfort and healing.
Emotional Distress: A traumatic injury can leave short- and long-term emotional wounds on a child, including a fear of returning to daycare, anxiety, sleep disturbances, and developmental milestone regressions. Parents may also experience their own emotional distress from watching their child suffer.
Loss of Enjoyment of Life: If your child’s daycare injury prevents them from participating in activities they once loved, such as playing outside, swimming, or simply enjoying their childhood, you may seek damages for this loss.
Permanent Impairment or Disfigurement: Any permanent scarring or disability caused by a daycare injury can impact a child’s future opportunities and self-esteem. Texas law allows families to seek compensation for these life-altering injuries.

How are Damages Calculated in Texas Daycare Injury Cases?

There is no simple formula for calculating damages since every daycare injury case is unique. However, courts consider factors such as:

The severity and type of injury your child suffered
Your child’s age and future medical needs
The extent of the daycare center’s negligence (Was it a repeated safety violation? Did the daycare center have a track record of unsafe practices?)
The emotional and psychological impact of your child’s injury

Our experienced daycare injury lawyers at The Button Law Firm will work with medical experts, therapists, and other child specialists to estimate your child’s current and future damages. Our goal is to help you focus on your child’s path to recovery so that your family can move forward without being left to cover unexpected costs down the road. Contact us for a free case evaluation by calling us at 214-699-4409 or emailing us at intake@buttonlawfirm.com.

Considering a Daycare Injury Lawsuit? Check Out These Free Resources

If you are considering filing a daycare lawsuit, but you are not quite ready to reach out to our team, explore these free resources:

Was Your Child Seriously Injured at a Daycare Center? Contact The Button Law Firm.

If your child was physically or emotionally injured at a daycare center anywhere in Texas, contact our experienced Texas daycare injury lawyers at The Button Law Firm. With lawyers in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our lawyers at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatizing incident involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Call us at 214-699-4409, email us at intake@buttonlawfirm.com, or fill out a contact form for a free case evaluation.

What Are Damages in a Daycare Injury Case?