How Long Do I Have to Sue a Daycare Center in Texas?

How Long Is the Statute of Limitations in Texas?

For most personal injury and daycare negligence cases in Texas, the statute of limitations is two years.

For daycare injury claims, the two-year clock usually starts ticking on the day your child’s injury occurred.

In tragic instances when a child passes away due to a daycare center’s negligence, the two-year deadline typically begins on the date of their death, which may be different from the date of the initial incident.

Does the Deadline Change for Children?

This is one of the most common questions we hear from parents. Texas law does have special rules for children under 18, but relying on them can be risky for parents.

Technically, the deadline for a child’s pain and suffering may be paused until they turn 18. This means they could potentially file a lawsuit until their 20th birthday.

However, this exception generally does not apply to claims or lawsuits that are brought by parents. As a parent, your claim for your child’s medical bills and other related expenses to their healing is usually still subject to the standard two-year deadline. If you wait years to call a daycare injury lawyer, you may find that you are personally barred from recovering any damages, including out-of-pocket medical costs you paid to help your child’s recovery.

Why Does Calling a Lawyer Early Matter?

Even if the two-year deadline seems far away, waiting to contact an experienced daycare injury lawyer like our team at The Button Law Firm is one of the biggest mistakes a parent can make. Building a strong case against a negligent daycare center takes time, and evidence can be vital in uncovering the truth about how your child was injured at the center.

Here is why acting early helps your family:

• Memories fade. Caregivers or other staff members who witnessed the incident that harmed your child at the daycare center may quit, move away, or simply forget specific details about the incident.
• Records disappear. Incident reports and internal documents discussing your child’s injury can be misplaced over time.
• Surveillance video footage gets deleted. Many daycare centers overwrite security camera footage within days or weeks.

By contacting our daycare injury lawyers immediately, you ensure that we can send preservation letters to save this key evidence before it is lost forever.

What Happens If I Miss the Filing Deadline?

If you try to file a lawsuit after the statute of limitations has expired, the daycare or insurance company will almost certainly ask the court to dismiss the case. And the court will likely agree.

This leaves your family with no way to hold the daycare center and its caregivers accountable.

How Can The Button Law Firm Help My Family?

After your child was injured at a local daycare center anywhere in Texas, our experienced team of lawyers at The Button Law Firm is ready to listen to your story, calculate your specific filing deadlines, and fight for the justice your child deserves.

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.