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When thinking about the timing of seeking legal representation after your child has suffered a daycare injury, it's not uncommon for people to weigh the option of waiting for the state investigation to finish. While this approach may seem reasonable to obtain a comprehensive understanding of the findings, it's essential to consider moving forward with legal representation before the investigation concludes.
The short answer: You can hire legal representation before the state investigation has concluded.
The Decision to Wait
Waiting for state investigation findings before seeking legal help may be motivated by a desire to ensure a clear and complete understanding of the situation – including what exactly happened to your child at daycare. Parents often want all facts to be established before pursuing additional legal avenues.
Potential Downsides of Delaying Legal Representation
Time is critical in legal matters, and waiting may result in missed opportunities to gather crucial evidence and witness testimony. Delays could impact the preservation and integrity of evidence, potentially affecting the overall case should you decide to pursue one.
While this has happened many times, one specific instance stands out to our team. We got an initial intake call about a case in which the state was actively investigating the daycare for a child being left unattended outside for several hours.
As soon as our client signed the contract, we immediately delivered our preservation letters to the daycare to put them on notice to keep all evidence regarding the incident. Our client had told us that the state investigator said the daycare could not access the video footage, which meant nothing was reported to the state.
However, we realized upon hand delivering our letters that the daycare now, somehow, found that a few of the cameras were working and videos on their hard drives. They were now forced to preserve the videos and provide them to the state investigator, which ultimately reversed the state opinion, led to findings of violations against the daycare, and ultimately helped our client's case be pursued by our firm.
Simultaneous Legal Representation
Instead of waiting, seeking legal help while the state is investigating is perfectly acceptable. Hiring an attorney early on can help protect your rights and interests, ensuring that your perspective is considered alongside the state's findings.
What a State Investigation Entails After a Daycare Injury
In Texas, state investigations are typically conducted by the Texas Department of Health and Human Services Child Care Licensing division. After a report has been filed with the division, an investigator will visit the daycare to conduct interviews and examine the facility to determine whether it violated the minimum standards. The state investigator will then come to your house to talk with you and your child to get your side of the story regarding the incident.
Adverse Findings and Legal Strategy
Legal representation remains crucial even if the state investigation initially appears not to find anything. Attorneys, like our team at The Button Law Firm, can assess the investigation process, independently investigate, and challenge findings if necessary. Legal strategies can evolve based on new evidence or perspectives.
Time Limitations and Statutes
It's important to be aware of statutes of limitations that impose deadlines on legal action in daycare injury cases. Waiting for the conclusion of a state investigation may risk exceeding these limitations, emphasizing the need to consult with an attorney quickly.
In Texas, the statute of limitations for most daycare cases is two years.
The Button Law Firm's Experience Handling Daycare Injury Cases
The Button Law Firm is experienced in handling cases involving children injured at daycares. We offer guidance to parents on whether to wait or take immediate action, navigating the complexities of the legal process and ensuring you and your child’s rights are protected throughout any investigation.
Seeking Guidance
If you're uncertain when to seek legal representation during a state investigation after a daycare injury, consult our experienced legal team at The Button Law Firm. We provide free case evaluations to assess your situation, discuss options, and offer guidance based on the specifics of your situation.
Scheduling a Case Evaluation with The Button Law Firm
To schedule a free case evaluation with The Button Law Firm, contact us through our website by clicking here or call our team at (214)699-4409. We are dedicated to helping you navigate the legal challenges you may face after your child has suffered a daycare injury.
